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2022 DIGILAW 8 (SIK)

In Re: Monitoring Implementation of Prayers In Manish Kumar v. Union of India

2022-03-14

BHASKAR RAJ PRADHAN, MEENAKSHI MADAN RAI

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JUDGMENT Meenakshi Madan Rai, J. - A Writ Petition (Civil) bearing No.183 of 2013 was filed before the Hon'ble Supreme Court for issuance of Writ of Mandamus and Certiorari against the administrative and judicial decisions or presumptions violating various fundamental rights guaranteed under the Constitution of India to the Police personnel. 2. The Hon'ble Supreme Court on considering the matter, ordered that it be taken up on the judicial side of the High Court as Suo Motu Public Interest Litigation and the prayers made be monitored from time to time. 3. The prayers made in the Writ Petition as amended in terms of the Interlocutory Application No.2 of 2013, are as follows; A. Direction to all the States and Union Territories to constitute Police Commission to deal with allegation of police action, redressal of grievances of Police and to make recommendations for the welfare of Police force. B. Directions to the States to formulate and implement the guidelines for prevention and control of violent mass agitations and destruction of life and property, in terms of the guidelines suggested by this Hon'ble Court in the decision reported as Destruction of Public and Private Properties, In Re v. State of Andhra Pradesh and Others: 2009 (5) SCC 212 . C. Directions to the States and Union Territories to fill up the vacant posts in the Police and State Armed forces so that the Police forces does not remain overburdened. D. Directions to all the States and Union Territories to provide for periodic training and upgradation of Police force and to fix the working hours for the Police personnel. E. Direction to the Union of India to prescribe guidelines for the Media Reporting of the violent mass agitation and Police action for prevention and control thereof. F. Order or Direction restraining the States from drawing a presumption against the action of Police acting under the constitutional and statutory obligations. 4.(i) With regard to 'Direction A' a Police Accountability Commission was constituted in the State in the year 2008. For addressing grievances of the Police personnel, the Sikkim Police (Amendment) Bill, 2022 (Bill No.02 of 2022) pertaining to grievance redressal mechanism was prepared and placed before the Sikkim Legislative Assembly on the date of the last Assembly i.e., on 28.01.2022. 4.(i) With regard to 'Direction A' a Police Accountability Commission was constituted in the State in the year 2008. For addressing grievances of the Police personnel, the Sikkim Police (Amendment) Bill, 2022 (Bill No.02 of 2022) pertaining to grievance redressal mechanism was prepared and placed before the Sikkim Legislative Assembly on the date of the last Assembly i.e., on 28.01.2022. However, since the hearing of the Bill could not take place on the said date, it is now to be taken up on the next sitting of the Legislative Assembly for consideration. Necessary steps in this regard will thus be taken up. (ii) For 'Direction B,' the Hon'ble Supreme Court has ordered in Destruction of Public and Private Properties, In Re (supra) that the States are to formulate and implement the guidelines for prevention and control of violent mass agitation and destruction of life and property. (iii) For 'Direction C,' the State-Respondents No.1, 2 and 3 have filed a Report dated 11.03.2022 wherein they have set out a Table indicating the proposal for filling up vacant positions in the Police Department and the State Armed Forces. Learned Amicus Curiae concedes that necessary steps are being taken by the State Government towards filling up of vacancies in the Police Department. (iv) For 'Direction D,' vide Report dated 07.09.2019, periodical training and upgradation of the Police Force and working of Police personnel have been fixed. (v) So far as 'Direction E' is concerned, Learned Advocate General submits that there can be no direction to the State in this context as mass agitation differs in every State which is required to be dealt specifically by the concerned State. Learned Central Government Advocate Mr. Karma Thinlay submits that directions may be issued to the State Government in this regard since law and order falls within the purview of the State Government. (vi) Having considered the submissions of Learned Counsel for the parties on this aspect, we are of the considered opinion that the Respondent No.5 is to comply with the directions of the Hon'ble Supreme Court in Destruction of Public and Private Properties, In Re (supra). (vii) So far as 'Direction F' is concerned, no directions are necessary in this context as the concerned Department will take requisite steps as per the law as and when the need arises. 5. W.P.(PIL) No. 07 of 2019 accordingly stands disposed of with the above directions.