HIGH COURT ORDER ON P.I.L. IN THE MATTER OF FAILURE OF STATE TO APPOINT MEMBERS ON MAHARASHTRA HUMAN RIGHTS COMMISSION:

VIDARBHA JAN ANDOLAN SAMITI

Regd. Office : 11, Shivalaya, Trisaran Society, In front of Somalwar School, Khamla, NAGPUR – 440 025.

Ph No. 0712-2282457 / Mobile – 9371137653, 9422108846. Fax No. 07235-227387

Ref : VJAS/180/2006 10^th August, 2006

PRESS NOTE

URGENT / FLASH

HIGH COURT ORDER ON P.I.L. IN THE MATTER OF FAILURE OF STATE TO APPOINT MEMBERS ON MAHARASHTRA HUMAN RIGHTS COMMISSION:

HIGH COURT ISSUED NOTICES TO CHIEF MINISTER, DY. CHIEF MINISTER, SPEAKER OF ASSEMBLY, CHAIRMAN OF COUNCIL AND LEADER OF OPPOSSITION AND ALSO TO STATE GOVERNMENT ON FAILURE TO APPOINT CHAIRMAN & MEMBERS ON MAHARASHTRA HUMAN RIGHTS COMMISSION BECAUSE OF WHICH ITS WORKING AND FUNCTION COMPLETELY PARALYSED.

Nagpur,

Dated: 10^th August, 2006

ON A PUBLIC INTEREST LITIGATION FILED BY VIDARBHA JAN ANDOLAN SAMITI PRESIDENT, SHRI KISHORE TIWARI, THE HON’BLE NAGPUR BENCH OF BOMBAY HIGH COURT, TAKING THE SERIOUS NOTE & COGNIZANCE OF CONTINUED NEGLIGENCE AND FAILURE TO APPOINT CHAIRMAN & MEMBERS ON MAHARASHTRA HUMAN RIGHTS COMMISSION, ISSUED NOTICES TO CHIEF MINISTER SHRI VILASRAO DESHMUKH, DY. CHIEF MINISTER SHRI R.R. PATIL, SPEAKER OF LEGISLATIVE ASSEMBLY SHRI BABASAHEB KUPEKAR, CHAIRMAN OF LEGISLATIVE COUNCIL SHRI SHIVAJIRAO DESHMUKH (PATIL), LEADER OF OPPOSSITION IN LEGISLATIVE COUNCIL SHRI PANDURANG FUNDKAR (BJP), LEADER OF OPPOSTION IN LEGISLATIVE ASSEMBLY SHRI RAMDAS KADAM (SHIV SENA) BEING MEMBERS OF THE SELECTION COMMITTEE AND ALSO TO THE STATE GOVERNMENT WITHIN 4 WEEKS.

THE P.I.L. WRIT PETITION IS FILED BY SHRI KISHORE TIWARI POINTING OUT THE DELIBERATE AND MALAFIDE ATTEMPTS ON THE PART OF RESPONDENTS AUTHORITIES VIRTUALLY PARALYSING THE VERY PURPOSE OF PARAMOUNT STATUTORY BODY FOR THE PROTECTION OF HUMAN RIGHTS CALLED “MAHARASHTRA HUMAN RIGHTS COMMISSION” (M.S.H.R.C.) OF WHICH ALL THE FUNCTIONS ARE STAND STILL, AS THE RESPONDENTS AUTHORITIES HAS MISERABLY FAILED TO FULFILL THE STATUTORY OBLIGATION OF APPOINTING THE CHAIRMAN & THE MEMBERS ON THE M.S.H.R.C.. THE PETITIONER HAS ALSO POINTED OUT HOW THE SAID BODY IS BEING KILLED BY THE POLITICIANS & TOP BUREACRATIC OFFICIALS IN THE MANTRALAYA WHO ALL ARE DELAYING THE APPOINTMENTS ON THE POST OF THE CHAIRMAN & THE MEMBERS OF M.S.H.R.C. EVEN AFTER REPEATED DEMANDS BY THE PETITIONER’S ORGANISATION. THE PETITIONER HAS ALSO POINTED OUT THAT THOUSANDS OF CASES PERTAINING TO HUMAN RIGHTS HAVE BEEN HELD UP AND THE POOR LITIGANTS PURSUING THE SERIOUS CASES OF VIOLATION OF FUNDAMENTAL HUMAN RIGHTS ARE SUBJECTED TO HARASSMENT AND WASTE OF TIME & MONEY, AS THEY ALL ARE VISITING MUMBAI FOR ATTENDING THE CASES AT M.S.H.R.C. WHOSE WORK IS PARALYSED AND VIRTUALLY STAND STILL, AS NO CHAIRMAN AND MEMBERS HAVE BEEN APPOINTED BY THE STATUTORY SELECTION COMMITTEE CHAIRED BY THE CHIEF MINISTER SHRI VILASRAO DESHMUKH & ALL OTHER TOP POLITICIANS LIKE DY. CHIEF MINISTER SHRI R.R. PATIL, SPEAKER OF LEGISLATIVE ASSEMBLY SHRI BABASAHEB KUPEKAR, CHAIRMAN OF LEGISLATIVE COUNCIL SHRI SHIVAJIRAO DESHMUKH (PATIL), LEADER OF OPPOSSITION IN LEGISLATIVE COUNCIL SHRI PANDURANG FUNDKAR (BJP), LEADER OF OPPOSTION IN LEGISLATIVE ASSEMBLY SHRI RAMDAS KADAM (SHIV SENA).

AFTER HEARING THE MATTER AT LENGTH, DIVISION BENCH OF THE HIGH COURT HEADED BY JUSTICE SHRI R.M.S. KHANDEPARKAR & JUSTICE SHRI S.R. DONGAONKAR ISSUED NOTICES TO RESPONDENTS ON THE P.I.L. IN WHICH THE PRAYER IS AS FOLLOWS :-

i) entertain the present petition as Public Interest Litigation (P.I.L.) in the larger interest of the public at large,

ii) issue writ of mandamus or any other writ, order and/or direction to the respondents to appoint the Hon’ble Chairperson and the Members of the MSHRC forthwith,

iii) issue writ, order and/or direction to the respondents to pay the cost to all litigants at MSHRC who suffered due to failure on the part of the respondents to discharge the statutory responsibilities / functions of appointment of the Hon’ble Chairperson and the Members of MSHRC,

iv) issue writ, order and/or direction to the respondents not to repeat such type of mistake or error in future in discharging the statutory responsibilities / functions of appointment of the Hon’ble Chairperson and the Members of MSHRC and all such appointments to be made well within the time so that the litigants should not suffer,

ADVOCATE SHRI FIRDOS MIRZA, ADVOCATE SHRI VINOD TIWARI, ADVOCATE SHRI AJAY SOMANI, REPRESENTED THE PETITIONER AND A.G.P. SMT. SHARADA WANDILE WAIVES NOTICE ON BEHALF OF STATE. MATTER WILL BE LISTED FOR FURTHER HEARING ON 12^TH SEPTEMBER, 2006.

IT IS INTERESTING TO NOTE THAT THE M.S.H.R.C. WAS CONSTITUTED IN THE YEAR 2000 ON THE ORDERS & DIRECTIONS OF THE HON’BLE BOMBAY HIGH COURT ON THE P.I.L. FILED BY HUMAN RIGHTS ACTIVISTS INCLUDING THE PRESENT PETITIONER. THE M.S.H.R.C. IS PROVED VERY EFFECTIVE IN LARGE NUMBER OF CASES PERTAINING TO PROTECTION OF HUMAN RIGHTS. ESPECIALLY THE CASES OF FARMERS SUICIDES TAKEN UP BY THE M.S.H.R.C. THROUGH WHICH STATE WAS COMPELLED TO GRANT SUITABLE COMPENSATION TO THE AGRIEVED FAMILIES OF THE AGRERIAN CRISIS WHICH WITNESSED UNFORTUNATE INCIDENTS OF UNTIMELY DEATHS OF FARMERS.

KINDLY ARRANGE TO RELEASE THIS IMPORTANT NEWS IN YOUR ESTEEMED DAILY.

THANKING YOU,

YOURS FAITHFULLY,

KISHORE TIWARI

PRESIDENT

VIDARBHA JAN ANDOLAN SAMITI

NAGPUR.