Taking court for a ride: Delhi High Court pulls up Centre for delay in filling Minorities Commission vacancies

The Delhi High Court on Friday pulled up the Central government for failing to file a proper affidavit providing a timeline for the appointment of the posts of chairperson and members of the National Commission for Minorities (NCM), which have been lying vacant for nearly a year..A Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia today appreciated the fact that two members have been appointed to the commission, but maintained that the affidavit filed was not as per the court's orders.“Mr Sharma [ASG Chetan Sharma] we express our appreciation for appointing two members, but see the affidavit filed by the officer… We need to summon him and ask him to explain as to what the express timeline means, or better, you summon him to your chambers and ask him," the Court remarked. ASG Sharma agreed with the Bench and added that more needed to be done. "It was a barren island that has started to be inhabited now," he said. The Court also noted that even in its earlier orders, the Court had expressed displeasure over the "bald and vague" report filed by the government. Yet, the fresh affidavit also fail to describe or throw any light on the timelines which will be followed for filling up the vacancies, the Court said."The Court has been taken for a ride," the Bench remarked. The Court recorded that the new affidavit filed by the government only said that the process for appointment had been initiated and that various nominations were under examination.Therefore, the Court now directed the Central government's Deputy Secretary for the Ministry of Minority Affairs to explain the situation in two weeks. The case will be heard next in July..The High Court was hearing a public interest litigation (PIL) petition filed by activist Mujahid Nafees. In his plea, Nafees sought directions to the Central government to appoint the Chairperson, Vice-Chairperson and members of the NCM, which has remained headless since April this year.Nafees contended that the government’s failure to fill the top positions has rendered the statutory body completely defunct, undermining the protection of minority rights guaranteed under the Constitution and the National Commission for Minorities Act, 1992.According to the petition, all seven positions in the Commission, including the chairperson, vice-chairperson and five members, have been vacant since April 12, when former chairperson S Iqbal Singh Lalpura completed his tenure. "This alarming state of affairs has been formally acknowledged by the Hon'ble Minister of Minority Affairs on the floor of the Rajya Sabha. The government's inaction is further aggravated by the fact that it is in direct contravention of the spirit and letter of a prior order from this Hon'ble Court... wherein the Court had expressed its dissatisfaction with such delays and directed that vacancies be filled expeditiously within a proper timeline," the plea stated. .Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.