(1.) The petitioner has filed the present petition styled as a Public Interest Litigation, though in fact he seeks to question the appointment of Sh. L.R. Roojam, respondent No. 2 as Member of the Punjab State Human Rights Commission on the ground that he did not meet the requirement of requisite experience of seven years as a District Judge of the State of Punjab on the date of his appointment as per the provisions of the Protection of Human Rights Act, 1993 (hereinafter referred to as the said Act) as amended by the Protection of Human Rights (Amendment) Act, 2006 (hereinafter referred to as the Amending Act).
(2.) The controversy really revolves around the wordings of Section 21 of the said Act which fall in Chapter V under the heading 'STATE HUMAN RIGHTS COMMISSIONS'. The said section provides that a State Government may constitute a body to be known as the Human Rights Commission and shall consist of:
(3.) In terms of the Amending Act, various provisions were sought to be amended including Section 21. Clause 12 of the Amending Act sought to amend Section 21 as under:-