Fill vacant posts in Maharashtra State Human Rights Commission within two months: Bombay High Court

The Bombay High Court on Monday directed the Maharashtra government to fill up vacant posts at the Maharashtra State Human Rights Commission (MHRC) within 2 months, clarifying that no extra time would be given. (Vaishnavi Gholave v. Maharashtra State Human Rights Commission & Ors.).The Court passed the order in a petition filed by Mumbai lawyer, Vaishnavi Gholave, who had submitted that four major posts (Chairman, Judicial Member, Expert Member, Secretary and Special Inspector General of Police) remained vacant as on date. .Advocate Yashodeep Deshmukh, appearing for Gholave, further informed the Court that out of the total sanctioned 51 posts, only 26 posts were filled. .Further, all three adjudicatory members' posts were lying vacant and the Chairperson's post was vacant for more than three years, Deshmukh said referring to an RTI reply..On Monday, the government pleader assured the Bench of Chief Justice Dipankar Datta and Justice GS Kulkarni that the vacant posts will filled up within two months from today. .The Bench noted that the recommendations for the post had already been made. The Court went on to emphasise that the government would not be given any more time extensions to fill up the vacancies..In her petition, Gholave had submitted that since no regular appointments had been made since 2018 and since the only adjudicatory member who was also judicial member/ acting chairperson retired in 2017, the Commission was rendered entirely non-functional..Gholave underscored that MHRC had 21,545 pending cases till March 2021, which was the "highest in a decade". .Further the Commission had only disposed of 433 cases in this year due to non-availability of a regular Chairperson and Expert member..The petition filed through Advocate Vinod P Sangvikar stated that for the smooth functioning of the Commission, it is necessary to have sufficient number of members on the Commission and adequate supporting staff to them..The petition added that "non-availability of members over a long period would send a wrong message to the public who will lose confidence in the system which was earned by the Commission by discharge of its duties"..The petition also drew attention to the delayed release of funds to the Commission..For the proper and smooth functioning of the Commission, Gholave suggested that all proposals for the Commission, including the proposals for funds, be routed through the General Administration Department or the Law and Judiciary Department.."The inaction of the State government is only to be blamed for this sorry state of affairs", Gholave submitted in her petition adding that it also showed "scant regard on the part of the government and the administration for the human rights of the people of the State and for ensuring protection of human rights..", the plea had stated.