HC issue notice in PIL alleging illegal appointment of special judge to special court

NT Correspondent

Bengaluru: The High Court of Karnataka on Wednesday issued notice to the respondents including the State Government in a public interest litigation (PIL) which has challenged the appointment of CG Hungund as Judicial Member of the Karnataka Land Grabbing Prohibition Special Court.

The PIL says that Hungund is ineligible to hold any post after he ceased to be a member of the Karnataka Human Rights Commission (KSHRC). Hungund retired as the District and Session Judge, Ramanagara before being appointed to the KSHRC.

The PIL was heard by the division bench of Chief Justice Prasanna B Varale and Justice MGS Kamal.

The PIL says that Hunagund held the post of Member in KSHRC from November 2012 to November 2017 after his retirement as District and Session Judge.

As per section 24(3) of Protection of Human Rights Act, a chairperson or member of the State Commission is ineligible to hold any post either under the Government of India or under the State Governments.

But suppressing this fact, Hunagund was appointed as the Judicial Member in the Karnataka Land Grabbing Prohibition Special Court , Bangalore, with effect from October 2022, the PIL claims.

Advocate Umapathi S who filed the PIL has stated that he had given a representation to the State Government in this regard but there was no reply.

Therefore, he filed the PIL. Ordering the issuing of notices to the State, Hungund and the Registrar of the Special Court, the HC adjourned the hearing by three weeks. (WP 16295/2023)