The Supreme Court today asked the Centre and Delhi government to keep aside their "political conflict" in resolving the dispute over setting up of a human rights commission for Delhiites as it is an "obligation" cast on them that "everyone should have access" to a rights body.
"This is an issue to keep the political conflict aside and think of doing good for those who are suffering. Even the NHRC says set up rights commission in states," a bench headed by Chief Justice T S Thakur said when the Centre and Delhi government were questioning the jurisdiction of each other over the issue.
While the Centre said despite having an elected government, Delhi remains a Union Territory administered by the President through the Lieutenant Governor and the issue of rights can be looked after by the National Human Rights Commission (NHRC) with its establishment in the national capital, the Aam Aadmi government opposed it saying it alone can set up state human rights commission.
The bench, also comprising justices R Banumathi and U U Lalit, said "Even if there is a political controversy, it has to be resolved legally" as human rights is very serious issue.
It asked both the Centre and the Delhi government to examine the issue of setting up the state human rights body for people in Delhi saying "everyone should have access to Human Rights Commission. At least people should go to the nearest commission."
At the outset, the bench asked Attorney General Mukul Rohatgi "you show us why Delhi cannot have a human rights organisation" and more so when the apex court has passed judgement in this regard and the Delhi government has not filed any appeal against the judgement.
When Rohatgi was referring to the Constitutional Provision to buttress that Delhi was a Union Territory despite having elected government, the bench asked why can't the expression state fit for it.
"Can't it be that the expression state be extended to NCT government when Delhi has a High Court, it has its own public service commission and also state election commission? Carving out other institution is constitutionally provided then why not state human rights commission.
"Why don't you find a solution to set up human right commission? NHRC has repeatedly said. NHRC has more important work to do so why to have extra burden on it," the bench observed.
