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april 2005

Supreme Court of India · 2005-04-29

PEOPLE'S UNION FOR CIVIL LIBERTIES vs UNION OF INDIA

Citation / case number
SC 2004/4619
Court
Supreme Court of India
Petitioner
PEOPLE'S UNION FOR CIVIL LIBERTIES
Respondent
UNION OF INDIA
Author
SANTOSH HEGDE
Bench
S.SAGHIR AHMAD KULDIP SINGH

Judgment text excerpt

The Supreme Court held that the appointment of a police officer as a member of the National Human Rights Commission (NHRC) violates the Protection of Human Rights Act, 1993, specifically Section 3(2)(d), which mandates that members should have knowledge and practical experience in human rights. The Court found that such an appointment undermines the NHRC's independence and credibility, and is arbitrary, violating Article 14 of the Constitution. The petition challenging the appointment was upheld, emphasizing adherence to the Paris Principles endorsed by international bodies.

PEOPLE'S UNION FOR CIVIL LIBERTIES vs UNION OF INDIA · Niyam