PEOPLE'S UNION FOR CIVIL LIBERTIES versus UNION OF INDIA AND ANR.

Citation: [2005] 1 S.C.R. 494 · Decided: 18-01-2005 · Supreme Court of India · Bench: Y.K. SABHARWAL · Disposal: Matter referred to larger bench

Cited by 4 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

A 
PEOPLE'S UNION FOR CIVIL LIBERTIES 
-+ 
v. 
UNION OF INDIA AND ANR. 
JANUARY 18, 2005 
B 
[Y.K. SABHARWAL AND D.M. DHARMADHIKARl,JJ.] 
Protection of Human Rights Act, 1993-Section 3(2)(d)-National Human 
Rights Commission-Members-Eligibility of Police Officer to be appointed 
as Member-Held: Per Sabharwal, J-Not eligible-Per Dharmadhikari, J 
·"' 
c -Eligible-In view of difference of opinion, matter referred to a larger Bench. 
One post of Member in the National Human Rights Commission 
(NHRC) fell vacant. Respondent No.2, retired Director of Central Bureau 
of Investigation (CBI) was recommended for the post. The appointment 
D was required to be made after obtaining the recommendations of a 
Committee. When a meeting was fixed, the Committee members informed 
their inability to attend the meeting but conveyed their approval to 
recommendation of the name of respondent No. 2. Thereafter, respondent 
No.2 was appointed a Member of NHRC. His appointment is under 
challenge on the ground that a Police Officer is not eligible to be member 
E of such body in view of clear language of Section 3(1)(d) and the true intent 
of the Act, its scheme as also from the very concept which gave birth to 
protection of Human Rights; and that recommendation was in breach of 
established norm of consultation with Chairman of NHRC. 
F 
Respondent No. 1 contended that respondent 2 has adequate 
knowledge and practical experience in matters relating to human rights, 
qualifying him for appointment to Commission; that Respondent No. 2 
-1 
during his tenure as a Police officer had investigated cases such as Punjab 
Massacre case and Gujarat Riot cases which involved serious violation of 
human rights; and that he is also the Vice-President (Asia) of Interpol, 
G an international police organization in which capacity, he is involved in 
developing mechanisms for police cooperation in investigation and 
prosecution of crimes across borders including terrorism, human safety 
and human trafficking, which are all offences against human rights. 
y 
Referring the matter to larger Bench, the court 
H 
494 
~. 
I 
PEOPLE'S UNION FOR CIVIL LIBERTIES 1·. U.O.L 
495 
HELD: (By the Court): In view of the difference of opinion, the A 
matter is referred to larger Bench. The matter deserves to be heard 
expeditiously. 
Per YK Sabharwal, J: 
HELD: I. The appointment of respondent No.2 as member of the B 
National Human Rights Commission is declared null and void. [515-C) 
2. The Protection of Human Rights Act, 1993 was enacted to provide 
for better protection of human rights and for matters connected therewith 
--< 
or incidental thereto. India is a party to international covenants on human 
rights. Indian Constitution guarantees essential human rights in the form C 
of fundamental rights under Part III and also directive principles of State 
Policy in Part IV which are fundamental in the governance of the country. 
Freedoms granted under Part III have been liberally construed by various 
pronouncement of this Court in last half a century in favour of the subjects 
also, keeping in view the international covenants. The object has been to D 
place citizens at a central stage and State being highly accountable. These 
developments at international level ultimately led to the passing of the Act. 
[503-A; 506-E-F; 505-A] 
3.1. Investigation under the Act has been separately dealt with in 
the manner provided in Sections 11, 14 and 37. A Police officer may be E 
very good investigator. He may have vast experience in respect of the 
nature of commission of crime and consequentially its prevention. But, for 
the present purposes what is relevant is that number of cases reported to 
NHRC relate to acts of omission and commission by the members of such 
forces. In this regard, reference is made to NHRC Report for the year p 
2001-02 which shows that large number of cases relating to custodial 
. .i. 
deaths and police encounter deaths came up for enquiry and consideration 
before the Commission. The officers of these forces while being members 
of service necessarily come across such cases. An individual officer may 
be very good but something inbuilt in service as a class is the relevant 
consideration. The Commission has also to deal with type of cases, which G 
officers had sometimes to defend, on account of nature of their service. 
Further, the knowledge or practical experience in relation to commission 
of crime, investigation and solving a crime which m

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