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2025 DAILYLAW 754 (MAN)

Okram Nutankumar Singh v. State of Manipur and Anr

MC(PIL)/7/2025 · 2025-08-13

A Guneshwar Sharma

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page | 1 Sl. 1&2 IN THE HIGH COURT OF MANIPUR AT IMPHAL PIL No.4 of 2025 Okram Nutankumar Singh Petitioner Vs. State of Manipur & Anr. Respondents With MC(PIL)No.7 of 2025 BEFORE HON’BLE THE CHIEF JUSTICE MR. KEMPAIAH SOMASHEKAR HON'BLE MR. JUSTICE A. GUNESHWAR SHARMA (ORDER) (K. SOMASHEKAR, C.J.) 14.08.2025 [1] The proceeding in MC(PIL)No.7 of 2025 has been initiated by the applicant/petitioner under section 25 of the Protection of Human Rights Act, 1993 and this proceeding is connected with the proceeding in PIL No. 4 of 2025. [2] Whereas, in the aforesaid Public Interest Litigation as filed by the petitioner namely, Okram Nutankumar Singh and wherein in that Public Interest Litigation seeking for intervention to fill up the Chairperson and one JOHN TELEN KOM Digitally signed by JOHN TELEN KOM Date: 2025.08.14 16:25:36 +05'30' Page | 2 member(Judicial) as mandated under sub-section(2) of section 21 of the Protection of Human Rights Act, 1993. [3] Whereas, the proceeding in MC(PIL) No.7 of 2025 and wherein in that proceeding seeking for implementation of sub-section (1) of section 25 of the Protection of Human Rights Act, 1993. As on 19.08.2024, the deputy Secretary (Law), Government of Manipur had issued an order therein stating that “in pursuance of section 24(1) of the Protection of Human Rights Act, 1993, the Governor of Manipur is pleased to order that, on his attaining the age of 70 years on 24.08.2024, the term of appointment of Shri JusticeUtpalendu Bikas Saha, being the Chairperson of Manipur Human rights Commission (MHRC) shall end w.e.f. 24.08.2024. Subsequently, the MHRC of State of Manipur is not having full-fledged Chairperson as under relevant provision of the Protection of Human Rights Act, 1993. [4] Whereas in the present Human Right Commission, Shri Kangjam Khagendra Singh is the member of that MHRC as he being the non- judicial member, LLB degree holder and not as law practicing advocate and therefore to be authorized to act as the Chairperson, this submission which is made by the learned AG, Mr. Lenin Hijam who is appearing through video conferencing for the State of Manipur is taken on record and that status has Page | 3 been in conformity with the submission made by the learned counsel for the applicant/petitioner in the aforesaid Misc.case. [5] However, keeping in view the submission made by the learned AG and so also keeping in view the submission made by the learned counsel for the applicant in this matter, it is deemed appropriate to state that without expressing any opinion on the merit of the case and also without addressing the scope of the aforesaid provision but keeping in view the provision of section 25(1) of the Protection of Human Rights Act, 1993 and inclusive of clause 2 of the aforesaid provision of section 25 of the Protection of Human Rights Act, 1993, it is deemed appropriate that the aforesaid member namely, Shri Kangjam Khagendra Singh has been authorized to act as the Chairperson of the Human Right Commission of the State of Manipur without seeking any extra remuneration and inclusive of perks and accordingly, the aforesaid member is hereby authorized to act as the Chairperson of the Human Rights Commission of Manipur till the appointment of the regular Chairperson of the same. [6] However, in a given peculiar facts and circumstances of this matter are concerned and so also keeping in view the submission made by the learned AG for the State of Manipur, it is deemed appropriate to pass suitable order that the competent authority shall persuade the matter for Page | 4 appointment of the regular Chairperson by following the aforesaid provision of the Human Rights Act of 1993 and if not, the matter will be viewed seriously. However, the member being authorized to act as the Chairperson of the Manipur Human Rights Commission, it is deemed appropriate that a regular Chairperson be appointed within a period of 6(six) months by following the aforesaid provision of the Protection of Human Rights Act, 1993. Accordingly, made an observation. [7] Registry be directed to forward this copy of this order to the Chief Secretary of Manipur for information. [8] Consequently, the aforesaid the proceeding in MC(PIL)No.7 of 2025 is hereby disposed of. Thereafter, the proceeding in PIL No.4 of 2025 shall be listed in the usual course. JUDGE CHIEF JUSTICE John Kom