The Jharkhand High Court has directed the state government to appoint the chairperson and members of the Jharkhand State Human Rights Commission (JSHRC) and ensure that the commission becomes fully functional within three months.
A bench of Chief Justice M S Sonak and Justice Rajesh Shankar said the commission had remained non-functional for about four years because the key posts had not been filled. The court held that the prolonged vacancies were inconsistent with the requirements of the Protection of Human Rights Act, 1993, and directions issued by the Supreme Court.
The bench also made the Chief Secretary of Jharkhand personally responsible for ensuring compliance with its directions.
Commission Non-Functional Since 2022
The order came in two public interest litigations seeking appointments to the posts of JSHRC chairperson and members, along with the filling of vacancies in its supporting staff.
The petitioners, represented by advocates Shashank Shekhar and Shailesh Poddar, informed the court that Justice R R Prasad, who was serving as chairperson of the commission, died on June 3, 2018.
Thereafter, commission member and IAS officer S K Satpathy was given charge of the chairperson. The arrangement continued until 2022. No chairperson or members were appointed after that, leaving the commission non-functional.
The court noted that the functioning of the JSHRC had come to a halt after 2022 because the vacancies were not filled despite the statutory framework and Supreme Court directions governing the commission.
State Says Appointment Process Is Underway
Senior standing counsel Manish Kumar, appearing for the state government, told the court that the appointment process was in progress and the matter was presently before the Chief Minister.
The state submitted that under Section 22 of the Protection of Human Rights Act, recommendations for appointment of the chairperson and members must be made by a committee consisting of the Chief Minister, Speaker of the Legislative Assembly, the minister in-charge of the Home Department and the Leader of Opposition.
The bench, however, observed that it had repeatedly sought a definite timeline from the state. According to the court, the government had continued to state that the matter was receiving attention at the highest level without giving any firm schedule for completing the appointments.
The court said this indicated a lack of seriousness in complying with the legislative mandate under Section 21 of the Act, which requires the state government to constitute a State Human Rights Commission.
Court Refers To Alleged Human Rights Violations
The bench also rejected any suggestion that the continued functioning of the commission was unnecessary. It noted that Jharkhand had witnessed instances of alleged human rights violations, including custodial deaths.
In these circumstances, the court said the state could not take the position that there was no requirement for a functioning Human Rights Commission.
Chief Secretary Made Personally Responsible
The High Court directed the state government to fill all vacancies in the commission as expeditiously as possible and, in any event, within three months.
It also directed the government to take every necessary step to make the JSHRC fully operational within the same period.
The bench made it clear that explanations such as the matter being under consideration at the highest level or members of the appointment committee being unavailable would not be accepted as reasons for further delay.
The Chief Secretary has been directed to file an affidavit confirming compliance with the order by January 8, 2027.
The two PILs have been listed for January 15, 2027, when the court will consider the compliance report.
