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4, 5 & 8 $- HIGH COURT OF DELHI
W.P.(C) 2475/2013
A.K.BISWAS ..... Petitioner
Through: Petitioner in person.
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4, 5 & 8 $- HIGH COURT OF DELHI
W.P.(C) 2475/2013
A.K.BISWAS ..... Petitioner
Through: Petitioner in person.
VERSUS
UNION OF INDIA AND ANR ..... Respondents
Through: Mr. Neeraj Chaudhari, CGSC with
Through: Mr. Neeraj Chaudhari, CGSC with
WITH
Mr. Ravjyot Singh and Ms. H.Hnunpuii, Advocate for UOI.
Mr. Dayan Krishnan, ASC with Mr. Nikhil A. Menon, Advocate for respondent No.2.
Mr. Dayan Krishnan, ASC with Mr. Nikhil A. Menon, Advocate for respondent No.2.
W.P.(C) 2786/2013
I
A.K.BISWAS ..... Petitioner
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A.K.BISWAS ..... Petitioner
VERSUS
UNION OF INDIA & ANR. ..... Respondents
Through: Mr. Joginder Sukhija, CGSC with Mr. Yogesh Yogi, Advocate for UOI.
AND
W.P.(C) Nos.2475, 2786 & 3380 of2013 Page 1of4
2013:DHC:7432-DB
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Through: Mr. Joginder Sukhija, CGSC with Mr. Yogesh Yogi, Advocate for UOI.
AND
W.P.(C) Nos.2475, 2786 & 3380 of2013 Page 1of4
2013:DHC:7432-DB
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W.P.(C) 3380/2013
/o AKBISWAS ..... Petitioner
/o AKBISWAS ..... Petitioner
VERSUS
UNION OF INDIA ..... Respondent
CORAM:
Through: Mr. Neeraj Chaudhari, CGSC with Mr. Ravjyot Singh and Ms. H.Hnunpuii, Advocate for UOI.
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE MANMOHAN
13.11.2013 Present batch of three writ petitions has been filed by Mr. A.K.
Biswas, Advocate, primarily challenging the vires of Section 59(c) and
Section 70 of the Delhi Police Act, 1978. The reliefs claimed in the three public interest litigations are as under:--
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE MANMOHAN
13.11.2013 Present batch of three writ petitions has been filed by Mr. A.K.
Biswas, Advocate, primarily challenging the vires of Section 59(c) and
Section 70 of the Delhi Police Act, 1978. The reliefs claimed in the three public interest litigations are as under:--
A. W.P.(C) 2475/2013
"i. to implement the provisions of the Code of Criminal :
Procedure 1973 in letter and spirit with respect to arrest of a person in non-cognizable offences under the Delhi Police Act
1978 by striking down the section 59 of the Delhi Police Act
1978 being violative of the Central Legislation i.e. Code of
Criminal Procedure 1973 and also not being in the true spirit of the fundamental right to life and liberty guaranteed by the
WP.(C) Nos.2475, 2786 & 3380of2013 Page2of4
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Constitution of India infringing the same, keeping in mind in some cases the petty amount offine is up to Rs.J00/- or in some other cases up to Rs.500/- for the non-cognizable offences committed under the Delhi Police Act, 1978, in the interest of justice. "
"i. to implement the provisions of the Code of Criminal :
Procedure 1973 in letter and spirit with respect to arrest of a person in non-cognizable offences under the Delhi Police Act
1978 by striking down the section 59 of the Delhi Police Act
1978 being violative of the Central Legislation i.e. Code of
Criminal Procedure 1973 and also not being in the true spirit of the fundamental right to life and liberty guaranteed by the
WP.(C) Nos.2475, 2786 & 3380of2013 Page2of4
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Constitution of India infringing the same, keeping in mind in some cases the petty amount offine is up to Rs.J00/- or in some other cases up to Rs.500/- for the non-cognizable offences committed under the Delhi Police Act, 1978, in the interest of justice. "
B. W.P.(C) 2786/2013
"i. that the police officials under them not to investigate cases involving non-cognizable offences committed under the
Delhi Police Act 1978 andfurther to investigate such cases only after the order ofthe concerned magistrates' courts. ii. to impart proper training in the legal field as according to section 15 of the Delhi Police Act 1978 to all the police officials under them including the respondent No.2 and further the legal studies should be made curriculum ofpolice training and which study should continue periodically and such legal studies should be imparted by legal luminaries/professors and also by police officials who may impart such legal studies to subordinate rank police officials and also to formulate some inside and outside mechanism to constantly monitor legal standards ofpolice officials to strengthen their legal intellects and to qualitatively improve their legal knowledge. m. The petitioner further prays that to legally strengthen the hands of the Metropolitan Magistrates, they be directed that where an accused person pleads guilty, to record the plea ofthe accusedperson in as nearly as possible in the words used by the said accusedperson, in the interest ofjustice. iv. The petitionerfurther prays that the conduct ofthe police officials under respondent No.1 and 2 needs to be investigated by some independent agency as to with what motives the kalandras were or are being filed after investigation in cases involving non-cognizable offences under the Delhi Police Act
1978 in all the 11/12 police districts of Delhi since the inception ofthe Act. "
WP.(C) Nos.2475, 2786 & 3380 of2013 Page 3 of4
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"i. that the police officials under them not to investigate cases involving non-cognizable offences committed under the
Delhi Police Act 1978 andfurther to investigate such cases only after the order ofthe concerned magistrates' courts. ii. to impart proper training in the legal field as according to section 15 of the Delhi Police Act 1978 to all the police officials under them including the respondent No.2 and further the legal studies should be made curriculum ofpolice training and which study should continue periodically and such legal studies should be imparted by legal luminaries/professors and also by police officials who may impart such legal studies to subordinate rank police officials and also to formulate some inside and outside mechanism to constantly monitor legal standards ofpolice officials to strengthen their legal intellects and to qualitatively improve their legal knowledge. m. The petitioner further prays that to legally strengthen the hands of the Metropolitan Magistrates, they be directed that where an accused person pleads guilty, to record the plea ofthe accusedperson in as nearly as possible in the words used by the said accusedperson, in the interest ofjustice. iv. The petitionerfurther prays that the conduct ofthe police officials under respondent No.1 and 2 needs to be investigated by some independent agency as to with what motives the kalandras were or are being filed after investigation in cases involving non-cognizable offences under the Delhi Police Act
1978 in all the 11/12 police districts of Delhi since the inception ofthe Act. "
WP.(C) Nos.2475, 2786 & 3380 of2013 Page 3 of4
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C. W.P.(C) 3380/2013
"i. to get the section 70 of the Delhi Police Act 1978 repealed with immediate effect or this Hon 'ble Court revoking the same being violative ofsection 20 of the Code of Criminal
Procedure 1973 and also violative ofArticle 14 and Article 21 of the Constitution of India by declaring the same to be ultra vires, in the interest ofjustice to the people ofDelhi. "
Learned counsel for Union of India states that Government of India is considering a proposal to bring about a new legislation .in place of Delhi
Police Act 1978.
Keeping in view the aforesaid statement, we direct the Union of India to consider the present three writ petitions as representations to it on behalf of the petitioner and to consider the same before finalizing the new legislation.
The respondents are also directed to give publicity to the proposed new statute so that public can give their suggestions, if any, in advance.
With the aforesaid observations, present three writ petitions are disposed of.
NOVEMBER 13, 2013 JS W.P.(C) Nos.2475, 2786 & 3380 o/2013
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CHIEF JUSTICE
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"i. to get the section 70 of the Delhi Police Act 1978 repealed with immediate effect or this Hon 'ble Court revoking the same being violative ofsection 20 of the Code of Criminal
Procedure 1973 and also violative ofArticle 14 and Article 21 of the Constitution of India by declaring the same to be ultra vires, in the interest ofjustice to the people ofDelhi. "
Learned counsel for Union of India states that Government of India is considering a proposal to bring about a new legislation .in place of Delhi
Police Act 1978.
Keeping in view the aforesaid statement, we direct the Union of India to consider the present three writ petitions as representations to it on behalf of the petitioner and to consider the same before finalizing the new legislation.
The respondents are also directed to give publicity to the proposed new statute so that public can give their suggestions, if any, in advance.
With the aforesaid observations, present three writ petitions are disposed of.
NOVEMBER 13, 2013 JS W.P.(C) Nos.2475, 2786 & 3380 o/2013
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CHIEF JUSTICE
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JUDGMENT