Plea filed against transferring NCHR’s control to MoHR

SHC seeks comments of federal law officer, Ministry of Human Rights and National Commission for Human Rights by June 19

The Sindh High Court (SHC) has issued notices to the federal law officer, the Ministry of Human Rights (MoHR) and others on a petition against transferring the administrative control of the National Commission for Human Rights (NCHR) to the MoHR.

On Monday petitioners Karamat Ali and others challenged the prime minister’s approval of the Schedule XI amendment to the Rules of Business, whereby the administrative control of the NCHR was transferred to the MoHR.

The petitioners’ counsel Rasheed A Razvi said the NCHR was constituted under the National Commission for Human Rights Act 2012, adding that Section 16 of the act guaranteed the commission’s independence.

He said the commission and all of its members should function without political or other bias or interference and, unless the act expressly provides otherwise, should be independent and separate from any government, administration or other body directly or indirectly representing the interests of any such entity.

The counsel said that despite clear independence guaranteed under Section 16, the section officer of the MoHR issued a circular on March 9, whereby the premier approved new functions of the ministry by amending the Rules of Business, which includes administration of the NCHR.

He said the PM could not approve the function allocated to the MoHR without the approval of the Cabinet, adding that the subject was not discussed in the Cabinet.

Razvi said the commission’s independence was mandated by the Constitution as well as the relevant act, which was being denied through amendments in the federal government’s Rules of Business.

He said that only an independent national commission could ensure effective and complete implementation of human rights to every citizen, adding that the NCHR was to serve as a watchdog to violation of human rights at the hands of the executive organ and could not be allowed to come under the control of the MoHR.

The court was requested to ensure the NCHR’s independence in all respects and to declare the prime minister’s approval of the amendment “illegal” and “liable to be struck down”.

After the preliminary hearing of the petition, the SHC’s division bench headed by Justice Mohammad Ali Mazhar issued notices to the federal law officer, the MoHR and the NCHR, seeking their comments on the matter by June 19.

In the meantime, ordered the court, the NCHR would continue functioning in accordance with the relevant laws, including the National Commission for Human Rights Act 2012.