Anil Masih case: NHRC dismisses complaint alleging SC verdict as violation of rights

The NHRC dismissed a complaint alleging that the February 20, 2024 Supreme Court judgment has resulted in violation of human rights of Anil Masih

The National Human Rights Commission (NHRC) on February 27 dismissed a complaint alleging that the February 20, 2024 Supreme Court judgment has resulted in violation of human rights of Anil Masih, Presiding Officer, Chandigarh Mayor election.

The matter pertains to civil appeal No. 2874 of 2024 concerning Kuldeep Kumar vs. U.T. of Chandigarh and Others. In its verdict announced last week, the apex court declared the Aam Aadmi Party’s Kuldeep Kumar as the new Mayor of the union territory of Chandigarh. The court said it would not tolerate “subterfuges” that destroy electoral democracy even at the local level.

The verdict was pronounced by a three-judge Bench headed by Chief Justice of India D.Y. Chandrachud, who initiated action against Mr. Masih, for “defacing” eight ballot papers and who was caught in the act on security cameras after which the BJP’s Manoj Sonkar took oath as the Mayor. The Supreme Court had intervened on February 5 to sequester the ballot papers and video records of the polling day.

Days after the verdict, a complaint was filed on behalf of the Supreme Court/High Courts Litigation Society (SCHCLA) which alleged that the order of the apex court violated the fundamental/constitutional rights under Articles 20 and 21.

“After going through the contents of the complaint and the Supreme Court judgment under reference, the commission has observed that Mr. Masih has been given an opportunity by the court to file his response to its notice and contest the initiation of proceedings against him under Section 340 of Cr.PC. Therefore, there is alternative remedy available to the complainant to approach the appropriate forum to ventilate the grievances, if he so desires,” the NHRC said.

It said the matter is pending before the Supreme Court for further consideration and thus, it is sub-judice. Therefore, in view of the Regulation 9 (XI) of the NHRC (Procedure) Regulations, 1994, the petition is not maintainable.