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‘Amazed’ was the word employed by the Judicial Institution when it was made aware of the non-existence of State Human Rights Commission in the state of Andhra Pradesh. The Honourable Bench of the High Court comprising Chief Justice Thottathil B. Radhakrishnan and Justice S.V.Bhatt observed that people would not have any judicial machinery for enforcing their human rights, or in other words, their human rights would be in jeopardy.
It held that Secretary of Human Rights Commission lacked jurisdiction per se and ran beyond the tenets of fundamental principles despite which it passed orders. During the hearing, the court was informed about the retirement of the Secretary. Subsequently, the court said that assuming the next officer at a lower rank, who may be available for discharging the functions, also retires, the last person who holds the lock and key of the office may be entitled to discharge the functions; and that would be the end of the institution.
The High Court also stated that it would consider whether it has to issue directions for solving the situation by ensuring that persons occupy the statutory posts in the Human Rights Commission. The matter has been postponed to 2nd January for hearing.
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