File better affidavit on filling vacancies in Minorities Commission: Delhi HC to Centre

The Delhi High Court on Friday asked the Centre to submit a “better affidavit” on the issue of filling up vacancies that have left the National Commission for Minorities (NCM) non-functional.

A Bench of Chief Justice D.K. Upadhyaya and Justice Tejas Karia said the previous status report filed by the Under-Secretary of the Ministry of Minority Affairs was “absolutely bald and vague”.

“It does not say as to when the Ministry initiated the process of appointment and what all are the different stages of the process, and after initiation of the said process, it has progressed to what extent,” the court observed.

“We thus require the respondent to file a better affidavit giving the aforesaid details and also putting in place a timeline within which the appointments can be enforced,” it ordered.

The court granted two weeks to the Centre to file the affidavit, and listed the matter for hearing on February 27.

On January 30, the court had expressed concern over the vacancies in the NCM and observed that the commission was a statutory body, which was without any chairperson or member since April last year.

The court was dealing with a public interest litigation (PIL) application by petitioner Mujahid Nafees, who alleged that the complete and systematic incapacitation of the NCM was due to the government’s abject failure to appoint its chairperson, vice-chairperson and all five members.

‘Executive dereliction’

“This executive dereliction 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.