A Division Bench of the Madras High Court on Thursday stayed the operation of an order passed by a single judge who had on July 13 quashed a Government Order dissolving Tamil Nadu Commission for Protection of Child Rights (TNCPCR) since the government had decided to appoint a new chairperson and members.
The first Bench of Acting Chief Justice M. Duraiswamy and Sunder Mohan granted the interim stay following an urgent writ appeal preferred by the government with a delay of 30 days. The judges condoned the delay, admitted the appeal, granted the interim stay and adjourned the matter to be heard on October 10.
The Bench prima facie concurred with the submissions of Additional Advocate General J. Ravindran that the single judge had mistaken that the council had been dissolved by invoking Section 7 of the Commission for Protection of Child Rights Act of 2005 though the government had actually invoked Section 16 of the General Clauses Act of 1897.
