Judgment

Y.K. Sabharwal, J.—National Human Rights Commission (NHRC) is a high-powered statutory body to act as an instrument for the protection and promotion of human rights. The credibility of such an institution depends upon high degree of public confidence. In the present case, the important question that has been raised is whether a former member of the Police force is eligible to become a member of NHRC.

2. NHRC has been set up under provisions of the Protection of Human Rights Act, 1993 (for short ‘the Act’). Its composition is provided in Section 3(2) of the Act. The question for consideration in this petition is about the interpretation of Section 3(2) (d), which stipulates that the Commission shall consist of two members to be appointed from amongst persons having ‘knowledge of, or practical experience in, matters relating to human rights’. The fundamental question is whether a Police officer would fall in the category stipulated under this provision and is appointment of such a person consistent with the language of the section and the true intendment of the Act. For determining this fundamental question, it is necessary to note, in brief, the background relating to the con