The High Court permitted the petitioner to withdraw its writ petition filed under Articles 226 and 227 seeking implementation of Supreme Court directions on arrest protocols, with liberty to file a fresh PIL. The Court reserved the question of maintainability of other prayers.
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 KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF NOVEMBER, 2020
PRESENT
THE HON’BLE MR. ABHAY S. OKA, CHIEF JUSTICE AND
THE HON’BLE MR. JUSTICE S. VISHWAJITH SHETTY WRIT PETITION NO.12589/2020 (GM-RES-PIL)
BETWEEN
ASSOCIATION FOR PROTECTION OF CIVIL RIGHTS, KARNATAKA CHAPTER A SOCIETY REGISTERED UNDER THE REGISTRATION OF SOCIETIES ACT, DELHI HAVING ITS KARNATAKA CHAPTER OFFICE AT NO.273, 2ND MAIN, 1ST BLOCK R T NAGAR, BANGALORE-560 032 REPRESENTED BY ITS SECRETARY MOHAMMED NIYAZ S ...PETITIONER
(BY SRI USMAN P, ADVOCATE)
AND
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VASANTH NAGAR BENGALURU-560 051
4 . DEPUTY COMMISSIONER OF POLICE BANGALORE EAST ULSOOR MAIN ROAD, ULSOOR BANGALORE-560 008
5 . INSPECTOR OF POLICE DEVARAJEEVANAHALLI POLICE STATION SHAMPURA MAIN ROAD SY.NO.4, MUNIMARAPPA BLOCK DR. AMBEDKAR NAGAR KAVAL BYRASANDRA BENGALURU-560 045
6 . INSPECTOR OF POLICE K G HALLI POLICE STATION ARABIC COLLEGE POST NAGAWARA MAIN ROAD VINOBHA NAGAR KADUGONDANAHALLI BENGALURU-560 045
7 . CENTRAL CRIME BRANCH BY DCP CRIME COTTONPET MAIN ROAD SULTANPET, BAKSHI GARDENS CHICKPET BENGALURU-560 053
8 . NATIONAL INVESTIGATION AGENCY IST STAGE, NEAR DOMLUR FLY OVER DOMLUR, BENGALURU-560 071 …RESPONDENTS
(BY SRI C M POONACHA, AGA FOR R-1 TO 7)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING MANDAMUS DIRECTING THE RESPONDENTS TO ENSURE THE IMPLEMENTATION OF THE DIRECTIVES ISSUED BY THE HON’BLE SUPREME COURT IN D.K.BASU VS. STATE OF WEST BENGAL
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CASE IN ALL SEARCH, ARRESTS, DETENTION ETC., CONDUCTED BY THE POLICE AUTHORITIES AND TO CONSTITUTE A COMMITTEE HEADED BY A RETIRED JUDICIAL OFFICER PREFERABLY A RETIRED HIGH COURT JUDGE FOR ACCEPTING COMPLAINTS AND LOOK INTO THE GRIEVANCES OF THE PEOPLE FOR THE ALLEGED VIOLATIONS OF SUCH DIRECTIONS WITHIN THE STATE IN GENERAL, MORE PARTICULARLY IN RESPECT OF THE ARRESTS MADE IN CASES ARISING OUT OF CRIME NO.195 OF 2020 AND CRIME NO.229 OF 2020 WITHIN THE JURISDICTION OF RESPONDENT NOS.5 AND 6 RESPECTIVELY WITH POWER TO RECOMMEND ACTION AGAINST THE ERRING OFFICIALS AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THROUGH VIDEO CONFERENCING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER
After arguing the petition for sometime, when this Court was
not inclined to entertain this petition in view of prayers A and C
and in view of the issue of maintainability of some of the other
prayers, the learned counsel appearing for the petitioner seeks permission to withdraw the petition with a liberty to file a fresh public interest litigation.
2. Though we are permitting withdrawal with liberty as
prayed, we make it clear that we have not gone into the issue of maintainability of the other prayers made in the petition and all issues remain open.
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3. Accordingly, the writ petition is disposed of with the liberty as prayed.
Sd/-
CHIEF JUSTICE
Sd/JUDGE
bkv
1 provisions across 1 enactments
Association for Protection of Civil Rights, Karnataka Chapter
State of Karnataka
Director General of Police
Commissioner of Police
Deputy Commissioner of Police
Inspector of Police
Abhay S. Oka
S. Vishwajith Shetty
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
