Naresh Kumar v. Union of India & Ors.

1. This Public Interest Litigation (PIL) has been preferred with the following prayers: “a) Issue a Writ of Mandamus or any other appropriate Writ, order or direction(s) thereby directing the respondent no. 1 to 3 to initiate 2019:DHC:5416-DB action against the persons involved in illegal activities for illegal selling of liquor, other narcotics and gambling activities in the said area of P.S. Nand Nagri, Delhi. b) Pass the direction to respondent No. 2 to initiate the proceedings against the respondent no. 3 its officials of the P.S. Nand Nagri, Delhi who are/were supported the criminal of the area and involved in the said illegal activities in the said area. c) Pass the direction to the respondent authorities to provide the protection to the petitioner from the hands of criminals, mafias and other persons those who are giving threats to the petitioner and to save the life and limbs of the petitioner. d) Any other relief(s) which this Hon'ble court may deem fit and proper in light of the facts and circumstances of the present case, may also be passed in favour of the petitioner and against the respondents, as per law, in the interest of justice.”

2. Having heard counsel for both the sides and looking to the facts and circumstances of the case, it appears that petitioner is in search of action to be taken against the erring official for the illegal sale of liquor, other narcotics and gambling activities as stated hereinabove in the prayer clause. Counsel appearing for the respondents submit that detailed counter affidavit has been filed by the respondents and as stated in paragraphs 2.[1] and 3, it appears that departmental proceedings have also been initiated against the erring officials of the respondents. Show Cause Notices have also been issued to the erring officials and punishment has also been inflicted upon them in accordance with law.

3. For the ready reference, paragraph 2.[1] of the counter affidavit filed by respondent no. 3 reads as under:- “2.1. A total number of 480 complaints were received against the police officials alleging their connivance or support in bootlegging/sale of illicit liquor, peddling of narcotics and gambling activities. The detail of complaints and status/action taken thereon is attached at Annexure-A.”

4. For the ready reference, paragraph 3 of the counter affidavit filed by respondent no. 3 reads as under:-

5. Thus, it appears that the respondents have already started taking actions against erring officials; moreover, this fact is also depicted from Annexure B to the memo of the counter affidavit filed by respondent NO. 3. In view of the aforesaid actions initiated by the respondents, we see no reason to further monitor this case. We hereby direct the respondents to continue to initiate actions against the erring officials. If at all they are found involved in selling of liquor etc. as stated in this writ petition, we direct the respondents to watch that all such type of illegal activities of sale of liquor etc. is stopped completely under the jurisdiction of Police Station Nand Nagri, New Delhi.

6. In view of these observations, writ petition is hereby disposed of. CRL.M.A. 7995/2016 (for police protection) In view of the order passed in the writ petition, this civil miscellaneous application is disposed of.