The Delhi High Court on Friday sharply questioned the Union government over its failure to provide a clear timeline for filling vacant posts in the National Commission for Minorities (NCM), warning that the statutory body has remained non-functional for nearly a year.
A bench comprising Chief Justice D K Upadhyaya and Justice Tejas Karia expressed dissatisfaction with the affidavit filed by the Ministry of Minority Affairs, noting that it failed to specify when appointments to the posts of chairperson and members would be completed. The court directed the deputy secretary of the ministry to explain the lapse within two weeks.
“We fail to appreciate how the averments in the affidavit describe or throw any light on the timeline which will be followed for ensuring the appointment of the chairperson and other members of the commission,” the bench observed.
The court also came down heavily on the manner in which its earlier directions were handled. Taking exception to the vague affidavit, the judges remarked, “See how casually the court order has been taken. The court has been taken for a ride… We need to summon him and ask him what the expression timeline means.”
The affidavit submitted by the Centre stated that the process of appointments had been initiated, and that biodata and nominations from various sources were under examination. It added that the matter was under active consideration of the competent authority.
However, the bench found these statements inadequate, pointing out that they did not address the core issue of when the appointments would be completed.
The case stems from a public interest litigation filed by Mujahid Nafees, convenor of the Minority Coordination Committee, who alleged that the continued vacancies had rendered the NCM “entirely defunct and headless.” According to the plea, the commission has been without a chairperson, vice-chairperson, and members since April last year.
Calling it a case of “executive dereliction,” the petition argued that the inaction had incapacitated a key statutory body meant for the protection and welfare of notified minority communities.
The petitioner has sought directions to the Centre to complete the appointment process in a transparent and time-bound manner, preferably within four weeks, in accordance with the National Commission for Minorities Act.
The High Court had earlier, on January 30, raised concerns about the vacancies and sought details of steps taken to fill them. On February 6, it directed the Centre to file a “better affidavit,” describing the earlier status report as “absolutely bald and vague.”
The matter is now scheduled for further hearing on July 3.
