Disposed¶24

Sunil Kumar Mahto v. Home Department

Public Interest Litigation – Police

Jharkhand HC11 Mar 2024WPC/3321/2015

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What is this about?

Police Complaints Authority; Prakash Singh and Others Vs. Union of India and Others, (2006) 8 SCC 1 / W.P.(C) No. 310 of 1996; Jharkhand State Police Complaint Manual, 2017; W.P.(PIL) No. 3321 of 2015 disposed in terms of W.P.(PIL) No. 1683 of 2021 (disposed 12.10.2023); High Court of Jharkhand at Ranchi; Coram: Rongon Mukhopadhyay and Deepak Roshan, JJ.; petitioner-in-person Sunil Kumar Mahto; respondents represented by Piyush Chitresh, AC to AG; no costs awarded.

What did the court decide?

No substantive relief; the P.I.L. was not proceeded with further and stands disposed of in terms of the observations made in W.P.(PIL) No. 1683 of 2021; pending I.A., if any, also disposed of. ¶24

Sunil Kumar Mahto Vs Home Department — Jharkhand HC (2024) — LawSathi Research

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IN THE HIGH COURT OF JHARKHAND AT RANCHI W. P. (PIL) No. 3321 of 2015

Sunil Kumar Mahto

Versus

The State of Jharkhand

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The Secretary, Department of Home, Govt. of Jharkhand, Ranchi

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Director General of Police, Govt. of Jharkhand, Ranchi

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… … Respondents

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CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY : HON'BLE MR. JUSTICE DEEPAK ROSHAN

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For the Petitioner : Mr. Sunil Kumar Mahto, in person For the Respondents : Mr. Piyush Chitresh, AC to AG

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10/11.03.2024 Heard Mr. Sunil Kumar Mahto, the petitioner in person and Mr. Piyush Chitresh, learned AC to AG.

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The petitioner in this public interest litigation has prayed for a direction upon the respondents to constitute ‘Police Complaints Authorities’ at the State and District level for looking into the complaints of the people against police officers by implementing the directions of the Hon’ble Supreme Court of India in the case of “Prakash Singh and Others Vs. Union of India & Others” in W.P.(C) No. 310 of 1996 .

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Mr. Piyush Chitresh, learned AC to AG has pointed out that a similar matter has come up for consideration in W.P.(PIL) No. 1683 of 2021 which was disposed of on 12.10.2023.

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We have perused the order dated 12.10.2023 passed in W.P.(PIL)

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No. 1683 of 2021 and which reads as follows:

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“Having heard the learned counsel for the petitioner and the learned counsel for the State, we are of the opinion that there has been compliance of the order passed by the Hon’ble Supreme Court in the case of Prakash Singh and Others Vs. Union of India and Others , (2006) 8 SCC 1. We understand that grievance of the petitioner at present is that the legislation is not in tune with the directions given by the Hon’ble Supreme Court. However, from the contents of the judgment, it is clear that the directions given by the Hon’ble Supreme Court regarding constitution of District Level and State Level Grievance Redressal and Complaints Committee is a temporary measure till a legislation is brought out. Since the State of Jharkhand, in the meantime, has promulgated the Jharkhand State Police Complaint Manual, 2017, in our considered

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opinion, there is enough compliance of the order passed by the Hon’ble Supreme Court. However, if the petitioner still has any grievance regarding any provision thereof, it is open for him to prefer a better application under a separate Public Interest Litigation. For the present, we see no reason to keep this particular Public Interest Litigation pending, as there is nothing more to be decided in this case. Hence, this writ petition is allowed to be withdrawn with the liberty granted to the petitioner as discussed above.

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There shall be no orders as to costs.

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Pending Interlocutory Applications, if any, stand disposed of. Urgent Certified copies as per Rules.”

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In view of the fact that the present P.I.L. is squarely covered by the order passed in W.P.(PIL) No. 1683 of 2021, we do not intend to proceed further in this P.I.L. which accordingly stands disposed of in terms of the observations made in W.P.(PIL) No. 1683 of 2021.

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Pending I.A., if any also stands disposed of.

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(Rongon Mukhopadhyay, J)

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(Deepak Roshan, J.)

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R Shekhar Cp 2

Sunil Kumar Mahto v. Home Department

Case brief

What is this about?

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Sunil Kumar Mahto v. Home Department

Case brief

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