Gauhati HC Closes PIL After Mizoram Appoints Chairperson and Members for Long-Delayed State Human Rights Commission

A PIL filed to compel Mizoram to establish a State Human Rights Commission under the Protection of Human Rights Act, 1993 ends after the State appoints a Chairperson and two members in July 2026.

A Division Bench of the Gauhati High Court, comprising Justice Nelson Sailo and Justice Shamima Jahan, closed PIL/4/2021 on 22 July 2026 after the State of Mizoram produced a notification showing that a Chairperson and two members of the Mizoram State Human Rights Commission had been appointed on 8 July 2026. The PIL, filed by the Zofa Welfare Organization (ZWO) Mizoram through its President, Rev. Robawia, had sought a direction to the State to set up the Commission as mandated by the Protection of Human Rights Act, 1993. The bench closed the matter on the view that the purpose of the PIL had been served, while directing the State to explore ways to provide the Commission a permanent building.

The Demand Behind the PIL

The Zofa Welfare Organization filed the PIL in public interest with a prayer that the State of Mizoram be directed to establish a State Human Rights Commission in accordance with the provisions of the Protection of Human Rights Act, 1993. The Commission, when constituted, is meant to inquire into complaints of human rights violations at the State level.

The bench had also noted that the Supreme Court, in Shri Dilip Kumar Basu v. State of West Bengal and Ors., decided on 24 July 2015 in Criminal Misc. Petition No. 16086/1997 (corresponding to Criminal Misc. Petition No. 4201 of 1997), had directed State Governments to set up State Human Rights Commissions in every State.

Steps Taken by the State During the PIL's Pendency

Over the course of the proceedings, the State respondents filed affidavits detailing the steps taken towards constituting the Commission. The bench was informed that advertisements had been floated to fill posts such as Lower Division Clerk and Driver for the Commission's secretariat. Steps were also taken for the appointment of a Chairperson and two members.

On the financial side, the Finance Department of Mizoram allocated Rs. 395.72 lakhs to the Commission for expenditure on salaries, wages, and office expenses. A further Rs. 18.83 lakhs was allotted for the repair and renovation of the Urban Resource Centre under the Urban Development and Poverty Alleviation Department, which was identified as temporary accommodation for the Commission.

Final Status Obtained on Court's Direction

On 15 July 2026, the bench asked the learned Government Advocate, Ms. Vanneihsiami, to obtain an up-to-date status. When the matter was taken up on 22 July 2026, she submitted that the State Government had already appointed a Chairperson and two members of the Mizoram State Human Rights Commission vide Notification under Memo No. A-12023/3/2026-HM (MSHRC) dated 8 July 2026. A copy of the notification was produced before the bench and was marked as “x” for identification and kept on record.

She further submitted that the selection and appointment of staff for the Commission would be finalised within a short time, and that renovation of the building to house the Commission was also under way.

Bench's Observations on Permanent Accommodation

While accepting that the PIL's purpose had been served, the bench added an observation before closing the matter. It noted that the accommodation arranged for the Commission was only temporary in nature, and expressed that it was desirable for the State Government to “explore ways and means to give the Commission a permanent building.”

The bench expressed that it had no doubt the State Government would spare no efforts to make the Commission functional effectively and without delay.

Outcome

The Division Bench closed PIL/4/2021 on 22 July 2026. The bench recorded that the purpose of the PIL had been achieved with the appointment of the Chairperson and two members of the Mizoram State Human Rights Commission. The observation regarding permanent accommodation for the Commission was placed on record before the matter was disposed of.