COMMON CAUSE versus UNION OF INDIA AND ORS.

COMMON CAUSE versus UNION OF INDIA AND ORS.

The Court cannot issue Mandamus to direct the President to make a reference for an inquiry unless the President is satisfied, based on the advice of the Council of Ministers, as per Section 5(2) of the Protection of Human Rights Act, 1993; the competent authority is requested to decide on the communication dated 4.4.2011.

Parties
Petitioner: Common Cause; Respondents: Union of India and Ors.
Jurisdiction
India
Judgment Date
10 May 2012
Procedural Posture
Writ Petition (civil) / Disposition
Outcome
Writ Petition disposed of.
Legal Topics
Removal of Chairperson or Member of National Human Rights Commission, Procedure Under Protection of Human Rights Act, 1993, Mandamus
Constitutional Law Administrative Law Human Rights Removal of Chairperson or Member of National Human Rights Commission Procedure Under Protection of Human Rights Act, 1993 Mandamus

Case Brief

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Parties

Common Cause

Petitioner

Union of India and Ors.

Respondents

Procedural Posture

Writ Petition (civil) / Disposition

Legal Issues

  1. 1 Whether the President of India must make a reference to the Supreme Court for an enquiry into allegations against the Chairman of the National Human Rights Commission under Section 5 of the Protection of Human Rights Act, 1993

Ratio Decidendi

The Court cannot issue Mandamus to direct the President to make a reference for an inquiry unless the President is satisfied, based on the advice of the Council of Ministers, as per Section 5(2) of the Protection of Human Rights Act, 1993; the competent authority is requested to decide on the communication dated 4.4.2011.

Court Disposition

Writ Petition disposed of.

Orders

  • Competent authority is requested to take a decision on the communication dated 4.4.2011.
  • If allegations are found unworthy of further action, petitioner to be informed.