The High Court of Karnataka on Wednesday ordered issue of notice to the State government on a PIL petition questioning the legality of appointment of one C.G. Hungund as a judicial member of the Special Court for the land grabbing cases.
A Division Bench comprising Chief Justice Prasanna B. Varale and Justice M.G.S. Kamal passed the order on the petition filed Umapathi S., a city-based advocate.
The Bench also ordered issue of notice to Mr. Hungund, who was appointed as a judicial member to the special court with effect from October 21, 2022.
The petitioner has contended that Mr. Hungund, a retired district judge, was ‘ineligible’ for appointment to any further post under the government as he had earlier served a member of the Karnataka State Human Rights Commission between 2012 and 2017.
As per the Section 24(3) of the Protection of Human Rights Act, 1993, the chairperson and members of the Human Rights Commission would become intelligible to hold any further employment under the Union or State government once they ceases to hold these posts of the HRCs, the petitioner pointed out.
The petitioner contended that allowing Mr. Hungund to continue as as a judicial member of the special court would amount to mockery of the law, which expressly prohibits further appointments.
