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Raj Kumar Makkad (Adv P & H High Court Chandigarh)     14 March 2012

High court lashes out at state government

AHMEDABAD: The Gujarat high court rapped the state government on Tuesday for its alleged failure to protect human rights of citizens and for not following orders issued by the court as well as the National Human Rights Commission (NHRC). The court expressed displeasure after the chief secretary and the district collector did not file affidavits as directed and the government even failed to furnish details about the State Human Rights Commission (SHRC). Very reluctantly the bench of Justices V M Sahai and A J Desai granted time to the government to explain things, but that too after the advocate general Kamal Trivedi appeared in the case and assured the court, "I will make sure that the house is put in order, else I am ready to go to gallows."

The state government found itself in the dock for not appointing full quorum in the SHRC, and for not providing details to HC in this regard.

In this case, a Catholic church in Vatva complained before all authorities against illegal digging on a graveyard in Vinzol. When nothing happened, the All India Christian Council (AICC) moved NHRC, which summoned district collector. The official did not pay any heed to summons, and NHRC transferred the case to SHRC last year. AICC moved HC against transfer of the matter. On February 29, the bench took up the case and sought details from the government whether the SHRC was not validly constituted or is non-functional from 2001, or it is in such a state after March 2011.

The government was expected to reply along with affidavits from chief secretary and district collector on Tuesday, but it did not happen. This annoyed the court, and when AG sought a day's adjournment to follow court directions, Justice Sahai lashed out asking how the government disregards court orders, particularly when human rights are violated. The court also derided the present collector's expression of ignorance about the issue. "This was expected," Justice Sahai said.
 
SOURCE: The Times of India


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