In Umapathi S vs The Karnataka Land Grabbing Prohibition Special Court and Others. , the Karnataka High Court ordered the state government to respond to the PIL which has challenged the appointment of retired judicial officer CG Hungand as judical member of the Karnataka Land Grabbing Special Court. A division bench of Chief Justice Prasanna B Varale and Justice MGS Kamal asked the State to file its response within three weeks.
The Court also issued notice to the registrar of the Special Court as well as Hungund whose appointment under the Karnataka Land Grabbing (Prohibition) Act of 2011 has been challenged.
The PIL filed by advocate Umapathi S said that Hungund served as a member of Karnataka State Human Rights Commission for five years between 2012 and 2017 and thus making him ineligible to hold any office either under the Central or State government in view of Section 24 (3) of the Protection of Human Rights Act, 1993.
The provision states that on ceasing to hold office of chairperson or member of the State Commission, the appointee “shall be ineligible for further employment under the Government of a State or under the Government of India”.
The PIL accused the State government for ignoring the mandate of the statutory prohibition. The appointment is, therefore, purely illegal, arbitrary and politically motivated, the plea alleged.
“The government has appointed the fourth respondent [Hungund] as the judicial member … without any authority of law by conferring the statutory post instead of appointing other suitable eligible persons,” Umapathi said in the PIL.
Umapathi further contended that appointments to the judicial posts must be strictly in accordance with law since the discharge of judicial function by the judicial members is of paramount importance in maintaining rule of law and administration of justice.
“Though there are a number of retired judges eligible for appointment as judicial members, the present post is conferred to Fourth respondent [Hungund] after five years of his cessation as the member of the Commission,” the PIL argued. Umapathi appeared in person.
Reference -https://www.barandbench.com/news/karnataka-high-court-seeks-states-response-pil-against-retired-judge-appointment-special-court
Written by- Vedangi Kannav of Vivekanand College Of Law ,Semester- V
