Dismissed

Human Right and Media Organisation (Registered) v. State of Punjab and Others

Punjab & Haryana HC8 May 2019CWP/16504/2017

Case brief

AI extract

What is this about?

In this PIL concerning a procession incident resulting in fatalities and injuries at Jalandhar, the petitioner sought guidelines for processions and direction for an impartial inquiry and compensation. The court held that the issuance of provincial guidelines in 2018 and the sanctioning of medical aid and compensation satisfied the grievances, thus dismissing the petition.

What the court decided

AI extract

Human Right and Media Organisa… — Constitutional and Fundamental Rights | Punjab & Haryana HC (2019)

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CWP-PIL-16504-2017

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT

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CHANDIGARH

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CWP-PIL-16504-2017 Date of Decision: May 08, 2019

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Human Rights and Media Organisation (Registered)

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...Petitioner

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Versus

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State of Punjab and others

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...Respondents

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CORAM: HON’BLE MR. JUSTICE KRISHNA MURARI, CHIEF JUSTICE. HON’BLE MR. JUSTICE ARUN PALLI, JUDGE.

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Present: Mr. Minkal Thatai, Advocate, for Mr. P.S. Khurana, Advocate, for the petitioner.

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Mr. Shireesh Gupta, Sr. DAG, Punjab. Mr. Parveen Kumar, Advocate, for respondent No. 9. Mr. Prateek Gupta, Advocate for respondent No.10.

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KRISHNA MURARI, C.J. (ORAL)

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This writ petition in the nature of Public Interest Litigation has

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been filed seeking the following reliefs:-

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i) Issue a writ in the nature of Mandamus directing the respondent No. 1 to 3 to frame, formulate and implement a Policy laying down the guidelines/instructions for holding/conducting the processions within the Municipal Area of Municipal Corporations and Municipal Councils in the State of Punjab; ii) direct the respondents to conduct a fair and impartial inquiry from a team of gazetted officers qua the incident

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PRASHANT KAPOOR 2019.05.09 14:56 I attest to the accuracy and authenticity of this document

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CWP-PIL-16504-2017 2

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occurred while holding a procession at Jalandhar on 4.4.2017 leading to the death of 3 persons and 15 seriously injured due to the rash and negligent driving of a Trolla participating in the Shobha Yatra near PNB Chownk Jalandhar and further ordering the investigation in an FIR in an impartial manner regarding FIR No. 0043 dated 4.4.2017 registered under Section 304, 337, 338, 427, 120B IPC at Police Station Division No. 4, Police Commissionerate, Jalandhar (Annexure P- 8) from the special investigation team and submit the report before this Hon’ble Court in a sealed cover and this Hon’ble Court on receipt of the report may pass the appropriate orders in accordance with law;

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iii) direct the official respondents to provide for medical and health facilities to the injured in the said incident and thereafter also to make their effective and proper arrangements so that they may lead a healthy human life as well as their families by way of paying due damages and compensation;

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iv) direct the official respondents to provide reasonable adequate compensation to the bereaved families who have lost their family members for the loss of a human life as well as pain, agony and loss of contribution of the deceased in the family;”

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PRASHANT KAPOOR 2019.05.09 14:56 I attest to the accuracy and authenticity of this document

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CWP-PIL-16504-2017 3

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In the short reply by way of affidavit, filed by respondent No. 8-Deputy Commissioner, Jalandhar, it has been stated that the Department of Home Affairs and Justice, vide Memo. No. 5/210/2017-4H4/5871-73, dated 06.11.2018, has issued comprehensive guidelines/advisory to be known as ‘the Punjab Assembling and Procession Guidelines/Advisories, 2018’, for regulating organisation and conduct of processions, assemblies, protests, demonstrations, dharnas, march etc. in public/private places. It is further stated that after fair and impartial inquiry into the incident, wherein three persons died and sixteen persons injured, FIR No. 43, dated 04.04.2017, under Sections 304, 337, 338, 427, 120-B IPC, has been registered at Police Station Division No. 4, Police Commissionerate, Jalandhar. The affidavit further records that a financial assistance to the tune of Rs.1,00,000/- each to the heirs of three deceased persons and Rs.25,000/- each for the free medical treatment of sixteen injured persons has also been sanctioned.

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Thus, the entire grievance raised by the petitioner by means of this PIL stands satisfied and no cause of action survives for this petition to continue any further on the Board. The same accordingly stands disposed of.

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(KRISHNA MURARI) CHIEF JUSTICE

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		(ARUN PALLI) JUDGE
May 08, 2019
Pkapoor	Whether Speaking/Reasoned:	YES / NO
	Whether Reportable:	YES / NO

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PRASHANT KAPOOR 2019.05.09 14:56 I attest to the accuracy and authenticity of this document

Human Right and Media Organisation (Registered) v. State of Punjab and Others

Case brief

What is this about?

What the court decided

Human Right and Media Organisation (Registered) v. State of Punjab and Others

Case brief

What is this about?

What the court decided

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