The Court held a PIL concerning regional forensic laboratories and facilities not to be a criminal PIL and ordered remand.
Remanded to verify the petition as a Civil Public Interest Litigation not a Criminal Public Interest Litigation.
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.
vikrant 1/2 905-CRPIL-41-2015.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL PUBLIC INTEREST LITIGATION NO. 41 OF 2015
Sahayak... A Socio-Legal & Educational Forum ... Petitioner Vs. State of Maharashtra & Ors. ... Respondents
Mr. Ashish Mehta a/w Mr. Darshan Faria for the Petitioner. Ms. Madhuri Chavan i/by Mr. Vinod Joshi for Respondent No.4. Mr. Pradeep M. Patil a/w Mr. Sachin D. Bagul for Respondent Nos. 6, 8 and 9.
Mr. J. S. Yadav i/by V. B. Tapkir for Respondent No.11. Mr. J. P. Yagnik, APP for Respondent-State.
CORAM : S. C. DHARMADHIKARI & SMT. BHARATI H. DANGRE, JJ. DATE : JANUARY 12, 2018.
P.C. :
After the petitioner's Advocate states that no relief is being sought in terms of prayer clause (a) to this Petition, as far as other prayers are concerned, particularly prayer clauses (b), (c) and (d), the Public Interest Litigation itself cannot be a Criminal Public Interest Litigation. All these issues concern the regional forensic laboratories, their establishment, functioning and the lack of facilities at the same. The Registry, therefore, to verify from the
vikrant 2/2 905-CRPIL-41-2015.odt assignment of judicial work and place this matter not as a Criminal Public Interest Litigation, but as a Civil Public Interest Litigation before the appropriate Bench.
(SMT. BHARATI H. DANGRE, J.) (S. C. DHARMADHIKARI, J.)
Sahayak... A Socio-Legal & Educational Forum
State of Maharashtra & Ors.
S. C. DHARMADHIKARI
BHARATI H. DANGRE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
