New Delhi, March 20 The Delhi High Court on Friday criticized the Centre for failing to provide a "timeline" for completing the process of filling the vacant positions of chairperson and members in the National Commission for Minorities (NCM).
Noting that it had previously sought an affidavit specifically on the timeline for filling the vacancies, a bench of Chief Justice D K Upadhyaya and Justice Tejas Karia asked the deputy secretary in the Union Ministry of Minority Affairs to explain the delay within two weeks.
"We fail to understand how the statements in the affidavit describe or shed any light on the timeline that will be followed to ensure 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 misled. Who is this officer?... See the affidavit filed by the officer. We need to summon him and ask him what the term 'timeline' means... It would be better if you summon him to your chambers," the bench told Additional Solicitor General Chetan Sharma.
The court observed that the affidavit "only stated" that the ministry had 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 will be heard again on July 3.
On February 6, the court had asked the Centre to file a "better affidavit" on the issue of filling 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 Minority Coordination Committee, alleged that the NCM had been completely and systematically rendered dysfunctional due to the government's failure to appoint its chairperson, vice-chairperson, and all five members.
"This executive inaction 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 immediately 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 the completion of the appointment process in a transparent and time-bound manner, preferably within four weeks from the date of the court order.