Justice Arun Mishra takes over as NHRC chief, kicks up row

The post of the NHRC chief had been lying vacant since justice H L Dattu had completed his tenure in December 2020

Six months after his predecessor former CJI H L Dattu retired as NHRC Chairperson, former Supreme Court judge Arun Mishra on Wednesday took charge as the new chairperson of the National Human Rights Commission, an appointment which kicked up a political row and sharp reactions.

Along with Mishra, two others who took the charge as NHRC members are Rajiv Jain, former Director of Intelligence Bureau and Justice MM Kumar, former Chief Justice of J&K High Court.

Mishra's remarks as a sitting Supreme Court judge lavishly praising Prime Minister Narendra Modi in 2020 had raised many eyebrows.

TMC MP Mahua Moitra tweeted "Retired SC Judge Arun Mishra to head National Human Rights Commission. All good things come to those who wait.

Especially to those who while in office, described PM Modi as “internationally acclaimed visionary who could think globally & act locally”.

Mishra had served as a Supreme Court judge from July 2014 to September 2020.

Mishra's bench in the Supreme Court had reversed Haren Pandya murder case judgement of Gujarat High Court, which had set aside the judgement of a POTA court and chastised the CBI for its shoddy investigation. The Gujarat government had appealed to the Supreme Court against the HC judgement, which was later set aside by Mishra's bench.

A statement from NHRC said during his tenure as a Supreme Court Judge, Mishra delivered 236 judgements. Mishra was among three former CJIs, whose names were considered for the post.

Before Mishra, all other NHRC Chairmen in the last more than twenty years have been former Chief Justices of India. This could take place due to an amendment in 2019 in the Protection of Human Rights Act after which any former Supreme Court judge could be appointed for the key post.

Leader of Opposition Rajya Sabha Mallikarjun Kharge, who is a member in the five member selection committee headed by Prime Minister Narenda Modi opposed Mishra's appointment and accused the central government of refusing to consider any SCs, STs, OBCs or minorities for the post.

Other members of the panel are Home Minister Amit Shah, Deputy Chairman of Rajya Sabha Harivansh and Lok Sabha Speaker Om Birla.

Kharge, the lone Opposition in the panel had shot off a letter to Prime Minister Narendra Modi on May 31 in this regard when the Committee had met. On Wednesday, he took to Twitter to allege that the appointment smacks of "partisanship and quid pro quo". In a letter to the PM, Kharge had expressed his disagreements with recommendations made by the appointment committee for NHRC Chairperson and Members.

Expressing his views on the committee's decision to recommend a panel of names for selection to the post of Chairperson and Members of NHRC, Kharge in his dissent submitted before the panel said that he had earlier written to the Prime Minister proposing that at least one person belonging to SC, ST and Minorities be recommended for appointment either to the post of Chairperson or a member of NHRC from among the existing list of candidates and if needed postpone the meeting for a further date to include such names.

"Since the Committee did not accept any of my proposals, I express my disagreement with the recommendations made by the Committee in regard to appointments to the posts of Chairperson and Members of NHRC," Kharge said in the letter.