The Delhi High Court dismissed a PIL filed immediately after a fire incident at Anaj Mandi. The court held there was insufficient time for authorities to act and no justification for intervention on the merits at that stage.
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.
$~80
AVADH KAUSHIK ..... Petitioner Through Petitioner in person
versus
GOVERNMENT OF NCT OF DELHI AND ORS. ..... Respondents Through Mr. Satyakam, ASC for GNCTD Mr. Ajjay Aroraa and Mr. Kapil Dutta, Advs. for respondent no. 5 Mr. Kirtiman Singh, CGSC with Ms. Neha Garg and Ms. Taha Yasin, Advs. for UOI
CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE C.HARI SHANKAR
O R D E R % 10.12.2019
D.N. PATEL, CHIEF JUSTICE (ORAL) CM Appl. No. 53014/2019 (exemption)
Allowed, subject to all just exceptions. Application is disposed of.
W.P.(C) 13009/2019
“(a) a writ of Certiorari calling for the record and factual status report of the case for perusal; and thereafter, issue necessary directions, as required and deemed fit by this Hon'ble
Page 1 of 4
W.P.(C) 13009/2019
Court, under the facts and circumstances of the matter, in order to prevent such fire incidents, as narrated in the present writ petition, in future in the National Territory of the Delhi;
(b) a writ of Certiorari or Mandamus and/or any other writ, order or directions thereby directing for a judicial enquiry of the fire incident dated 08.12.2019 took place at Anaj Mandi, Filmistan, Rani Jhansi Road, New Delhi to be conducted by a learned Retired Judge of this Hon'ble Court in order to find out the actual reasons of the fire and casualties committed therein and to fix the responsibilities of the delinquent officers of the civic and police authorities and thereafter, to submit his/her report along with suggestions, if any, before this Hon'ble Court, for perusal and necessary directions; if required;
(c) a writ of Mandamus thereby directing for transfer of the criminal investigation of the fire incident case, as has reportedly been registered by the local police, to the CBI or to any other independent agency for a fair and independent enquiry in a time bound manner in order to book and bring the real culprits to justice;
(d) a writ of Mandamus thereby directing the respondents to pay a sufficient, adequate and real compensation amount to the victims/their families and recover the same from the personal pockets of the erring officers of the respondents/ concerned departments;
(e) a writ of Mandamus or any other order directing for constituting a Committee of Experts for conducting requisite surveys in the National Capital of Delhi and identify such
2 of 4
W.P.(C) 13009/2019
buildings/spots where incidents like in hand are possible to occur and to give suggestions for framing a mechanism and guidelines in order to avoid such incidents in future;
(f) any other writ, order or direction which may be deemed fit and proper in the facts and circumstances of the case and in the interest of justice.”
Page 3 of 4
W.P.(C) 13009/2019
CHIEF JUSTICE
C.HARI SHANKAR, J.
DECEMBER 10, 2019
r.bararia
Page 4 of 4
W.P.(C) 13009/2019
3 issues framed by the court
Whether a writ petition filed immediately after a fire incident, before authorities could take action, warrants judicial intervention.
Whether there is urgent need to intervene in an accident case through a PIL at this stage.
Whether the petitioner should evaluate departmental actions before filing a petition for a similar incident.
Avadh Kaushik
Government of NCT of Delhi
D.N. PATEL
C. HARI SHANKAR
As recorded by the court registry
A constitutional writ petition in a criminal context, most commonly habeas corpus or a challenge to an FIR or detention order.
Judgements on the same questions, provisions and authorities, from every court
