SHC extends order restraining ministry from interfering in NCHR affairs

The Sindh High Court on Friday continued with an interim order restraining the Ministry of Human Rights from interfering in the affairs of the National Commission for Human Rights until further orders.

The court however adjourned the hearing as one judge on the division bench observed that the matter may not be fixed before him and directed the office to place the case before a bench on which one of the judges was not a member of the bench.

Petitioners Karamat Ali and others had challenged the ministry’s notification regarding the constitution of a committee to probe allegations of violations of the NCHR Act by the human rights body’s chairman.

The petitioners had also challenged the ministry’s circular issued on March 9, whereby the prime minister had approved new functions for the ministry by amending the Rules of Business, which included the administration of the NCHR.

The petitioners’ counsel, Rasheed A Razvi, had submitted in the petition that the NCHR was constituted under the NCHR 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 provided otherwise, it should be independent and separate from any government, administration or other body directly or indirectly representing the interests of any such entity.

The counsel submitted that despite the independence of the NCHR, the ministry of human rights issued a notification on June 1, 2017, whereby a committee headed by the minister of human rights was constituted to probe the violation of the NCHR Act by the chairman of the NCHR.

He further stated that impugned notification was illegal as it was issued without lawful authority and amounted to an act of harassment by the government. He argued that only the Supreme Judicial Council was competent to take up such issues if any reference was filed before it, contending that the issuance of the notification by the ministry of human rights was unlawful and liable to be struck down. He further alleged that ministry was also creating hurdles in the smooth functioning of the NCHR by not releasing its funds and by causing harassment to its members.

A division bench headed by Justice Mohammad Ali Mazhar adjourned the hearing of the case as one judge on the bench observed that the matter may not be placed before him. The court however continued with the interim stay order restraining the ministry of human rights from interfering in the affairs of the NCHR as provided in Section 16 and other relevant sections of the NCHR Act.