High Court disposed of Criminal Public Interest Litigation involving guidelines issued by the Commissioner of Police. Court directed petitioner to submit suggestions to the Commissioner without adjudicating the legality of the guidelines.
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.
salgaonkar
19 CRPIL 43-15.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL PUBLIC INTEREST LITIGATION NO. 43 OF 2015
Sumeer Ramdayal Sabharwal s/o. Late Ramdayal Sabharwal ….Petitioner Vs. The State of Maharashtra and Ors. ….Respondents
WITH
CRIMINAL APPLICATION No. 19 OF 2015 IN
CRIMINAL PUBLIC INTEREST LITIGATION No.43 OF 2015
Brijesh Keshavprasad Singh and Ors. ….Applicants
In the matter between
Sumeer Ramdayal Sabharwal s/o. Late Ramdayal Sabharwal ...Petitioner Vs. The State of Maharashtra and Ors. ….Respondents
WITH CRIMINAL APPLICATION No.20 OF 2015 IN
CRIMINAL PUBLIC INTEREST LITIGATION No. 43 OF 2015
Bhati Machhimar Sarvodaya Sahakari Society Ltd. ...Applicants
In the matter between
Sumeer Ramdayal Sabharwal s/o. Late Ramdayal Sabharwal ...Petitioner
1 of 5
salgaonkar
19 CRPIL 43-15.doc
Vs.
The State of Maharashtra and Ors. ….Respondents
WITH CRIMINAL APPLICATION No. 21 OF 2015 IN CRIMINAL PUBLIC INTERST LITIGATION No. 43 OF 2015 Ekveera Devi Sahakari Machimar Sangh ...Applicants In the matter between Sumeer Ramdayal Sabharwal s/o. Late Ramdayal Sabharwal ...Petitioner Vs.
The State of Maharashtra and Ors. ….Respondents
WITH CRIMINAL APPLICATION No. 22 OF 2015 IN CRIMINAL PUBLIC INTERST LITIGATION No. 43 OF 2015 Naveen Luthra ….Applicant In the matter between Sumeer Ramdayal Sabharwal s/o. Late Ramdayal Sabharwal ...Petitioner Vs. The State of Maharashtra and Ors. ….Respondents
2 of 5
salgaonkar
19 CRPIL 43-15.doc
WITH
CRIMINAL APPLICATION No. 43 OF 2016 IN
CRIMINAL PUBLIC INTERST LITIGATION No. 43 OF 2015
Hotel & Restaurant Association & Anr. ….Applicants
In the matter between
Sumeer Ramdayal Sabharwal s/o. Late Ramdayal Sabharwal ...Petitioner
Vs.
The State of Maharashtra and Ors. ….Respondents
Ms.Reshma Kurle a/w. Mr. Vinay Rathi for Petitioner Ms. Riddhi Shah i/b. Mr.Ashok Mishra for applicant in APPI/21/2015 Mr.R.D.Soni i/b. Ram & Co. for the Applicant in APPI/43/2016 Mr.S.K.Shinde , PP a/w. J.P.Yagnik, APP for the Respondent-State.
CORAM : A.S.OKA & ANUJA PRABHUDESSAI, JJ. DATED : 17TH NOVEMBER, 2016
P.C.
“ We make it clear that now hearing of this petition will remain confined to the guidelines which have been issued by the Commissioner of Police. Learned Counsel for the petitioner seeks time to address the court on the
3 of 5
salgaonkar
19 CRPIL 43-15.doc
guidelines. Place the petition on 29th June, in the category of 'fresh matters'.”
he is free to submit his suggestions in writing to the Commissioner of Police, Mumbai. We are sure that if the petitioner submits the suggestions, the same will be considered by the Commissioner of Police. We make it clear that even the intervenors will be entitled to submit their own suggestions about the guidelines which will be taken into consideration by the Commissioner of Police.
4 of 5
salgaonkar
19 CRPIL 43-15.doc
intervention applications are also disposed of. We, however, make it
clear that we have not made any adjudication on the issue of the legality of the guidelines and all contentions in that behalf are kept open.
(ANUJA PRABHUDESSAI, J.) (A.S.OKA, J.)
5 of 5
Sumeer Ramdayal Sabharwal
The State of Maharashtra
A.S.OKA
ANUJA PRABHUDESSAI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
