Delhi HC pulls up Centre on vacancies in minorities panel
The Delhi High Court on Friday pulled up the Centre for failing to provide a “timeline” for completing the process of appointments to the vacant posts of chairperson and members in the National Commission for Minorities (NCM).
Noting that it had earlier sought an affidavit specifically on the timeline for filling the vacancies, a bench of Chief Justice DK Upadhyaya and Justice Tejas Karia asked the deputy secretary in the Union Ministry of Minority Affairs to explain the lapse within two weeks.
“We fail to appreciate how the averments in the affidavit describe or throw any light on the timeline which will be followed for ensuring the appointment of the chairperson and other members of the commission,” the court said.
“See how casually the court order has been taken. The court has been taken for a ride. Who is this officer?... See the affidavit filed by the officer. We need to summon him and ask him what the expression timeline means... Better you summon him in your chambers,” the bench told Additional Solicitor General Chetan Sharma.
The court observed that the affidavit “only stated” that the ministry has initiated the necessary action for appointment to the vacant posts, and that biodata and nominations from various sources were under examination.
The affidavit stated that the proposals were being examined and the matter was under active consideration of the competent authority.
The matter would be heard next on July 3.
On February 6, the court had asked the Centre to file a “better affidavit” on the issue of filling up the vacancies that had left the NCM non-functional, and state details of the appointment process as well as the timeline for its conclusion.
The court had observed that the status report filed by the Under Secretary of the Ministry of Minority Affairs on the issue was “absolutely bald and vague”.
On January 30, the court had expressed concern over vacancies in the NCM and observed that the commission — a statutory body — was without any chairperson or member since April last year. It had asked the Centre to file an affidavit detailing the steps taken to fill all the vacancies.
The court was dealing with a PIL by petitioner Mujahid Nafees over the vacancies in NCM.
Nafees, who claimed to be the convenor of the Minority Coordination Committee, alleged complete and systematic incapacitation of the NCM due to the Government’s failure to appoint its chairperson, vice-chairperson and all five members.
“This executive dereliction has rendered a vital statutory body, created by an Act of Parliament for the protection and welfare of India’s notified minority communities, entirely defunct and headless,” the plea said.
It sought a direction to the Centre, through the Ministry of Minority Affairs, to forthwith initiate and complete the process of appointing the chairperson, vice-chairperson, and five members of the NCM in accordance with the National Commission for Minorities Act.
The plea also sought completion of the appointment process in a transparent and time-bound manner, preferably within four weeks from the date of the court order.
