The Supreme Court dismissed a Criminal Writ Petition styled as PIL challenging voluntary death and inaction of police. Lacking specific instances of offences against Sections 306 and 309 IPC, the Court held the petition frivolous and devoid of public interest.
Petition summarily dismissed with no order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD.
CRIMINAL WRIT PETITION NO.110 OF 2009
Niranjan s/o Prakash Pande and another
.. Petitioners
Versus
The Union of India and others
.. Respondents
Shri S.S.Ladda, Advocate for petitioner
Shri R.P.Phatke, Standing Counsel for respondent No.1
Shri S.K.Kadam, APP for respondents 2 and 3
CORAM : P.V.HARDAS AND
R.K.DESHPANDE, JJ
DATE : 18th JUNE, 2009
PER COURT :
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“(B) The necessary directions/writ kindly be issued against the respondents to initiate prompt and appropriate criminal actions against the persons who under any name, mode or manner opt and proceed for dying on his own so also similar action also be initiated against all the persons who in whatsoever manner support such acts of voluntary death; and
(C) The respondents further be directed by suitable writ/directions to initiate suitable action against the police man or officer who neglects or avoids to take action against the person or persons who opt and proceed for claiming voluntary death and the persons who actively supports for such acts of such person or persons.”
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this matter. In any event, the aggrieved persons are at liberty to approach the appropriate forum in the event no cognizance is taken by the Police in respect of offence punishable under Section 306 and 309 of the Indian Penal Code.
( R.K. DESHPANDE, J.)
( P.V.HARDAS, J.)
(vvr/110.09criwp)
3 issues framed by the court
Whether directions must be issued to initiate criminal action against persons opting for voluntary death.
Whether blanket reliefs can be granted when the petition lacks specific instances of offences under Sections 306 and 309 IPC.
Whether the petition is maintainable as a public interest litigation or frivolous with no bona fides.
Niranjan s/o Prakash Pande
The Union of India
P.V. Hardas
R.K. Deshpande
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
