New Delhi: Former CJI YK Sabharwal was
not considered for the post of National Human Rights
Commission chief because of "adverse media and other reports"
about him, the Home Ministry has said.
Former Chief Justices R C Lahoti and Y K Sabharwal
were both eligible for the post of NHRC chairperson according
to provisions of the Protection of Human Rights Act, 1993.
But Justice Lahoti declined the offer citing other
engagements whereas Justice Sabharwal was not considered for
the "highly sensitive post" because of adverse reports, the
ministry said.
In reply to an RTI application by Subhash Chandra
Agrawal, the human rights division of the ministry said,
"Because of adverse media and other reports with regard to Mr
Justice Y K Sabharwal, it was felt that highly sensitive post
of chairperson of NHRC may not be offered to him.
"Accordingly, it was recorded on our files that Mr
Justice R C Lahoti and and Mr Justice Y K Sabharwal `are not
inclined/not available for different reasons’."
The ministry said the offer to Justice Lahoti was made
"orally" and there was no correspondence recorded between the
Union government and Justice Lahoti, adding the conversation
had been conveyed to the Home Minister through the Home
Secretary.
The post of NHRC chairperson is lying vacant since
June 1, 2009 after former Chief Justice S Rajendra Babu
retired from the post on May 31.
The government has authorised Justice G P Mathur, a
retired Supreme Court judge and a memeber of the commission,
to act as its chairperson until a new appointment is made, the
ministry had said in a separate reply.
As per the provisions of Protection of Human Rights
Act, 1993, only a retired CJI till age of 70 years is eligible
for the post, which makes only Justice R C Lahoti and Y K
Sabharwal eligible for the important assignment.
Sabharwal had retired from Supreme Court on January
l4, 2007.
The apex court had last month expressed annoyance with
the Centre`s submission that retired chief justices were not
available for appointment as NHRC chairperson.
The government had in a brief affidavit earlier
submitted that required incumbents "were not available" to
take the post and the government was taking necessary steps to
do that.
PTI
