• Friday, March 29, 2024

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Indian judge, known to be pro-Modi, faces flak after getting appointed as country’s human rights body chief

Representational Image (Photo credit should read MANPREET ROMANA/AFP via Getty Images)

By: Shubham Ghosh

Arun Kumar Mishra, a former judge of the Supreme Court of India, has drawn ire of activists following his appointment as the chairperson of the National Human Rights Commission of India. According to his critics, Mishra, who took over on June 2, is a pro-government voice and hence not fit to carry out the role as the head of the human rights body which is also required to investigate charges of human rights violations against the Indian state.

Mishra, 65, was seen siding more with government in his orders and judgments during his tenure at the apex court between July 2014 and September 2020, a time period that saw Narendra Modi as the prime minister of India. In February last year, Mishra came under the scanner after showering praise on the Indian prime minister as a sitting Supreme Court judge. During a major event, Mishra called Modi an “internationally acclaimed visionary who could think globally and act locally”. He also called the Indian premier a “versatile genius”. The Supreme Court Bar Association criticised Mishra for his kind words on Modi and said they reflected “poorly on the independence of the judiciary”.

Mishra got his appointment as the head of the human rights commission nine months after his retirement from the top court and Mallikarjun Kharge, the only member of the Opposition who is in the five-member selection committee led by Modi, slammed the move saying it “smacks of partisanship and quid pro quo”.

Indian judge, known to be pro-Modi, faces flak after getting appointed as country's human rights body chief
Mallikarjun Kharge, a leader of the Opposition Indian National Congress against the Narendra Modi government (AFP PHOTO/Jim WATSON (Photo credit should read JIM WATSON/AFP via Getty Images)

Kharge, who is the Leader of Opposition in the Rajya Sabha, the Upper House of the Indian legislature, had appealed to the prime minister in written to include at least one member, if not the chairperson, in the body from either the Scheduled Castes, Scheduled Tribes or minority communities. A statement, which was signed by those who condemned the appointment, alleged that his suggestion was not only ignored but the government also did not care to site any reason for the same.

“This decision made by the Modi-led Government smacks of brazen arrogance and indifference to public opinion and once again highlights the cynical disdain of the government for democratic norms and constitutional proprieties,” the statement, which was signed by 71 individuals, said.

It added: “By appointing Justice Arun Mishra, whose tenure as a former Supreme Court judge was very controversial, the Modi government has demonstrated once again that the basis for their selection is not guided by the requirements of a head of the NHRC or even the track record of defending human rights by the person so selected. Instead, what matters is whether the person selected was close to the ruling dispensation.”

Justice Mishra lacks qualities, says human rights body official
V Suresh, national general secretary of the human rights body People’s Union for Civil Liberties (PUCL) who is also among the signatories to the statement, told The Independent: “Our opposition to his appointment is that the NHRC is supposed to be an independent forum.”

“The NHRC requires a chairperson… who is independent in spirit, will preside without fear or favour, and who has a track record of being sensitive to human rights issues,” he said, adding that Justice Mishra did not possess any of those qualities. He alleged that the controversial appointment came after the former SC judge had shown a very accommodative gesture towards the Modi government during his tenure at the top court.

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