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2005 Supreme(SC) 750

S.B.SINHA, B.P.SINGH, N.S.HEGDE
Peoples Union For Civil Liberties – Appellant
Versus
Union Of India – Respondent


SANTOSH HEGDE, J.

In this writ petition filed under Article 32 of the Constitution of India, the petitioner is challenging a decision of the first respondent Union of India appointing the respondent No.2 as a member of the National Human Rights Commission (the Commission). The primary basis of the challenge to his appointment is on the ground that prior to the impugned appointment the second respondent was holding the post of Director, Central bureau of Investigation and was also holding the post of Vice-President (Asia) Interpol. According to the petitioner, the appointment of a person who served in the police force as a Member of the N.H.R.C. is contrary to the provisions of the Protection of Human Rights Act, 1993, (the Act), apart from being opposed to the very aims and objects for which the said Commission was constituted. The petitioner urges that such appointment would undermine the status and international recognition of the Commission as an institution for protection of human rights. It is also urged that the appointment of the second respondent is also opposed to the Constitution of India on the grounds that is is arbitrary and violative of Article 14. It is submitted that



























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