Nelapadu (Amaravati): State fails to keep its promise to court on rights commission

Nelapadu (Amaravati): In a clear defiance of the orders issued by the Division Bench of the Andhra Pradesh High Court comprising Chief Justice Jitendra Kumar Maheshwari and Justice Kongara Vijaya Lakshmi to constitute State Human Rights Commission in four months, the state government failed to fulfil its own assurance to the High Court that it would constitute the rights body in less than four months.

AP Civil Liberties Committee (APCLC) filed a writ petition in the nature of public interest litigation in the High Court expressing concern over the inordinate delay in constituting the State Human Rights Commission in the state by the government in 2019.

After hearing the argument of the APCLC represented by Suresh Kumar Potturi. the court sought details from the advocate general. The advocate general, justifying the delay in constituting the Commission, said that the amended provisions in the Protection of Human Rights Act, 1993, as amended under the Protection of Human Rights (Amendment) Act, 2019, were published in the Gazette of India on July 27, 2019. He said that now steps were being taken for constitution of the Human Rights Commission within a period of three months.

Accepting the statement of the advocate general which was supported by the assistant solicitor general of India, the High Court disposed of the writ petition directing the government to initiate action for constitution of the State Human Rights Commission and finalise the process within a period of four months.

However, though the Division Bench issued the order on October 30, 2019, the state government is yet to constitute the HRC though the date fixed for the constitution of the same lapsed on February 29, which in essence could be contempt of the court.

In fact, the common Andhra Pradesh High Court at Hyderabad ruled in December 2018 that both the states should form the HRCs after learning of the non-existence of the commissions in both the states.

The Division Bench comprising Chief Justice T B Radhakrishnan and Justice SV Bhatt said that it was surprising that the people would not have any judicial machinery for enforcing their human rights which means the human rights were in jeopardy. The Division Bench posted the matter for further hearing to January 2, 2019. However, by January 1, 2019, the common High Court was divided.

Subsequently, the APCLC filed the public interest litigation in 2019 in the Andhra Pradesh High Court.