V GANAPATHI SUBRAMANIAN Vs. THE INSPECTOR OF POLICE

JUDGEMENT

(1.) IN this batch of cases, the Petitioners herein have been shown as Accused by the Respondent -Police concerned for floating and running Non -Governmental Organizations, styled as ''Human Rights Organizations '' in various parts of the State and making the common man to believe that they are authorized by the State to entertain complaints of Human Rights violations and take action against the violators of human rights.

(2.) THOUGH Part III of the Constitution of India guarantees several fundamental rights and particularly, Article 21, with its expanded contours, can be declared as the sentinel of individual human rights, yet, the law makers in their wisdom felt that vibrancy can be infused into Article 21, only if there is a separate machinery for dealing with human rights violations and therefore, enacted the Protection of Human Rights Act, 1993 and constituted the National Human Rights Commission and directed the State Governments to constitute State Human Rights Commission in the respective States. Now, a proper statutory machinery has been put in place by the Central and State Govemments for dealing with complaints of human rights violations, despite Which it was observed that Boards and Banners, bearing titles, like ''Human lights Organizations '', suddenly mushroomed in the nook and comer of the Slate. Self -proclaimed human rights activists surfaced everywhere, flying the flag of the United Nations and other Organizations in their vehicles, claiming to be the founders of such organizations and including the names of eminent persons, like former President A.P.J. Abdul Kalam, Justice V.R. Krishna Iyer, Justice P.N. Bagawathi, et al, in their Letter Heads as if they have their patronage. With Visiting Cards and Letter Pads, so printed, these individuals were emboldened to interfere not only into public affairs, but also into the affairs of the common man. No one really dared to question them, fearing that they are part of the State machinery.

(3.) IT is said, ''All people can be fooled sometimes, some people can be fooled at all times, but all people cannot be fooled at all times ''. The bluff of such impostors came to the adverse notice of the National Human Rights Commission and two Circulars dated 25.9.2009 and 29.12.2010, were issued by the National Human Rights Commission, asking Government to take serious action against such Non -Governmental Organizations and individuals. It may be relevant to extract a few paragraphs from the above said two Circulars, which read as under: