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2021 DAILYLAW 935 (GAU)

Zofa Welfare Organization (ZWO) Mizoram v. State of Mizoram and 5 Ors.

PIL/4/2021 · 2026-07-21

Nelson Sailo, Shamima Jahan

Public Interest Litigationbody2021

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC030002732021 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : PIL/4/2021 Zofa Welfare Organization (ZWO) Mizoram R/b Rev.Robawia, President, ZWO VERSUS State of Mizoram and 5 Ors. R/b Chief Secretary, Govt. of Mizoram, Aizawl 2:State of Mizoram 3:The Secretary Dept. of States Ministry of Home Affairs 4:Chairman/ General Secretary National Human Rights Commission 5:Secretary to the Govt. of Mizoram Dept. of Personnel and Administrative Reforms (DPandAR) 6:The Under Secretary Finance Dept. Govt. of Mizora Advocate for the Petitioner : Ms. Rosalynn L Hmar Advocate for the Respondent : Addl. AG/GA, Mizoram for R1,2,5 & 6 Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE NELSON SAILO HONORABLE MRS. JUSTICE SHAMIMA JAHAN JUDGMENT / ORDER Date : 22.07.2026 (Nelson Sailo, J) Heard Ms. Rosalynn L. Hmar, learned counsel for the petitioner. Also heard Ms. Vanneihsiami, learned Government Advocate for the State respondents and Ms. Zairemsangpuii, learned CGC for the respondent, Union of India. [2.] This PIL is filed in the public interest by the petitioner Organization with a prayer to issue direction to the State of Mizoram to set up the State Human Rights Commission as per the provisions of The Protection of Human Rights Act, 1993. Pursuant to the notice issued to the respondents, the State respondents have taken steps to establish the State Human Rights Commission in the State. This Court had also taken note of the fact that the Apex Court in Shri Dilip Kumar Basu Vs. State of West Bengal and Ors. vide Judgment dated 24.07.2015, passed in Criminal Misc Petition No.16086/1997, corresponding to Criminal Misc Petition No.4201 of 1997 had directed the respective State Governments to set up State Human Rights Commission in every State. Based on the various affidavits filed by the State respondents regarding the developments in the matter, this Court had taken note of the fact that advertisements have been floated for filling up the posts such as LDC, Driver Page No.# 3/4 etc., for the State Human Rights Commission. Likewise, steps were taken for appointment of a Chairperson and two members for the State Human Rights Commission. This apart, Court was informed that the Finance Department has allocated Rs.395.72 lakhs to the Commission for meeting the expenditure on salaries, wages, office expenses etc., and another amount of Rs.18.83 lakhs have been allotted by the State Finance Department for repairing and renovation of Urban Resource Centre, UD&PA for temporary accommodation of the Mizoram State Human Rights Commission. [3.] Based on the various submissions made before this Court including filing of the affidavits, this Court on 15.07.2026, had asked the learned Government Advocate Ms. Vanneihsiami, to obtain up-to-date status in the matter. Today, the learned Government Advocate submits that the State Government has already appointed a Chairperson and two members of the Mizoram State Human Rights Commission vide Notification under Memo No. A-12023/3/2026-HM (MSHRC) dated 08.07.2026. [4.] In support of her submission she has produced a copy of the said Notification for perusal of the Court. The same shall be kept on record and marked as ‘x’ for identification. [5.] The learned Government Advocate further submits that it is only within a Page No.# 4/4 short time that the selection and appointment of the staff for the commission would be finalised. Further, renovation of the building to house the Mizoram State Human Rights Commission is also under way. [6.] Considering the above developments, we are of the considered view that the purpose of the instant PIL has been served. We have no doubt in our minds that State Government will spare no efforts to make the State Human Rights Commission functional effectively without delay. [7.] Before parting with the records as we have been told that the accommodation plan for the Commission is only temporary in nature, it is desirable that the State Government should explore ways and means to give the Commission a permanent building. [8.] With the above observations, the PIL stands closed. JUDGE JUDGE Comparing Assistant