Acting Chief Justice Mittal dismissed a writ petition challenging the Government of NCT of Delhi's decision to declare a deceased farmer as a martyr and launch no schemes in his memory. The Court found the petition legally meritless.
Petition dismissed and connected application disposed of.
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 DELHI AT NEW DELHI
+ W.P.(C) 4514/2015 and CM No.8179/2015
% Date of decision : 12th December, 2017 AVADH KAUSHIK ..... Petitioner Through : Petitioner in person. versus GOVT. OF NCT OF DELHI & ANR ..... Respondents Through : Mr. Bhagvan Swarup Shukla, CGSC with Mr. Kamaldeep, Adv. for UOI. Mr. Sidharth Luthra, Sr. Adv. with Ms. Supriya Juneja, Mr. Aditya Singla and Ms. Drishti Harpalani, Advs. for R-2. Mr. Sanjoy Ghose, ASC for GNCTD with Mr. Rhishabh Jetley and Ms. Urvi Mohan, Advs. for GNCTD. Inspt. Khalid Akhtar with SI Suneel Sidhu, PS Parliament Street, New Delhi.
CORAM: HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE C.HARI SHANKAR
JUDGMENT (ORAL)
GITA MITTAL, ACTING CHIEF JUSTICE
W.P.(C)No.4514/2015 Page 1 of 4
Singh Kalyanwat, who allegedly committed suicide in a political rally at Jantar Mantar, Delhi on 22nd April, 2015, as a martyr. It is also prayed by the writ petitioner that no scheme to compensate farmers be launched in or after the name of the deceased farmer by the Government of NCT of Delhi.
W.P.(C)No.4514/2015 Page 2 of 4
judicial pronouncement reported at 2014 SCC On Line Guj 300 Jignesh Dhirendrabhai Goswami vs. State of Gujarat & Ors . in support of his objection to the maintainability of the writ petition on this ground.
“9. Persons who lay down their lives for the cause of the country , be they Armed Forces personnel or personnel of the Central Armed Police Forces are socially perceived as martyrs and / or shaheeds. However, as pointed out by the learned Additional Solicitor General, there is no discrimination since there is no official conferment of the status of martyrs either to personnel of the Armed Forces or to personnel of the Central Armed Police Forces . Furthermore, representations in this regard have been considered by the Committee of Secretaries in 2011 and rejected on the ground of absence of any discrimination in this regard, since martyr and/or
W.P.(C)No.4514/2015 Page 3 of 4
‘shaheed’ has not been defined anywhere in any statute, rule or regulation. There is no notification, order, rule or regulation for declaration of deceased armed forces personnel as shaheeds / martyrs. The writ petition is thus misconceived and orders as prayed for in the writ petition cannot be passed.” (Emphasis supplied)
CM No.8179/2015
In view of the dismissal of the writ petition, this application does not survive for adjudication and is hereby disposed of.
ACTING CHIEF JUSTICE
C.HARI SHANKAR, J
DECEMBER 12, 2017 mk
W.P.(C)No.4514/2015 Page 4 of 4
2 issues framed by the court
Whether the petitioner is entitled to reliefs seeking designation of a deceased farmer as a martyr and prohibition of compensation schemes in his name.
Whether the declaration of a deceased farmer as a martyr has any statutory basis.
Colour shows how this judgement treated each authority
Abhishek Choudhary & Anr. vs. Union of India & OrsReferred¶14
WP(C)No.6666/2015 Abhishek Choudhary & Anr. vs. Union of India & Ors
Jignesh Dhirendrabhai Goswami vs. State of Gujarat & OrsReferred¶16
2014 SCC On Line Guj 300 Jignesh Dhirendrabhai Goswami vs. State of Gujarat & Ors · Who else cites this
Abhishek Choudhary's & Anr. v. Union of India & Ors.Referred¶17
W.P.(C)No. 6666/2015 Abhishek Choudhary's & Anr. v. Union of India & Ors.
FIR No.95/15Referred¶11
Avadh Kaushik
GOVT. OF NCT OF DELHI
GOVT. OF NCT OF DELHI (GNCTD)
Gita Mittal
C. Hari Shankar
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
