["As per the material available in public domain, no details regarding
the political affiliation/posts held by Khanna found mention in the
note circulated before the committee. This, it is submitted, was an
attempt by the government to suppress relevant information/material
which could draw adverse and critical response from members of the
committee and is clearly in contravention of SC directions passed in
the CVC case," it [I.e. the petitioner] said.]

http://timesofindia.indiatimes.com/india/under-supreme-court-lens-bjp-neta-says-he-wont-accept-nhrc-post/articleshow/56432057.cms

Under Supreme Court lens, BJP neta says he won’t accept NHRC post

Amit Anand Choudhary | TNN | Jan 10, 2017

NEW DELHI: Within a month after the Supreme Court agreed to examine
the validity of his proposed appointment as a member of National Human
Rights Commission, BJP vice-president Avinash Rai Khanna has withdrawn
his consent for the post.

A panel comprising the PM, Lok Sabha Speaker, deputy chairman of the
Rajya Sabha, Union home minister and leaders of opposition in the Lok
Sabha and the Rajya Sabha had recommended his appointment as a
non-judicial member of the NHRC.

But immediately after, a PIL filed in SC questioned how an active
politician could be appointed for the post.

The apex court then issued a notice to the Centre on December 16
seeking its response on why the name of an active politician was
recommended for the job.

As a bench of Justice Pinaki Chandra Ghose and Justice Rohinton F
Nariman took the case for hearing on Monday, additional solicitor
general Atamaram Nadkarni informed the court that Khanna had withdrawn
his consent for the post.

The bench, after recording his statement, disposed of the case. It,
however, left the legal question — on whether a politician could be
considered for being a member of NHRC — open to be decided in
appropriate proceedings.

The court was hearing a petition filed by a student from Noida,
Anupriya Nagori, alleging that information about Khanna's political
background was not circulated to members of the high power selection
committee, which cleared his name.

Senior advocate Kapil Sibal, appearing for the petitioner, contended
that the decision-making process as well as the recommendation for
appointment of Khanna was illegal as it had been made in outright
violation of the statutory prohibition contained in Section 24(3) of
the 1993 Act. He said that Khanna had also served as a member of
Punjab State Human Rights Commission which made him ineligible for the
post.

Section 24(3) says, "On ceasing to hold office, a chairperson or a
member (of a state commission) shall be ineligible for further
employment under the government of a state or under the government of
India".

"...for the first time in the history of the commission, an active
politician has been appointed as NHRC member... (It) raises serious
questions on the independence and institutional integrity of the
commission," the petitioner said.

"As per the material available in public domain, no details regarding
the political affiliation/posts held by Khanna found mention in the
note circulated before the committee. This, it is submitted, was an
attempt by the government to suppress relevant information/material
which could draw adverse and critical response from members of the
committee and is clearly in contravention of SC directions passed in
the CVC case," it said.

The vacancy arose after Satyabrat Pal demitted office, on March 01,
2014. The Centre took steps to fill the vacancy for the post of
non-judicial member of the commission after over two years.



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Peace Is Doable

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