Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Disposed Off |
Headnote | Constitution of India, 1950: Article 32 - Writ petition challenging the appointment and continuation of respondent 3 as Director General of Police (DGP) and for direction to State Government to initiate disciplinary action against him - Allegation that respondent 3 who was Commissioner of Police when communal disturbances rocked the State of Gujarat committed serious dereliction in his duty and committed number of irregularities - Cases were closed hastily by the then Gujarat Government - On account of direction of Supreme Court, those cases were directed to be reopened - A/legation that continuation of respondent 3 as DGP would adversely affect the cases - Held: Most cases reopened by investigating agency were already dealt with by Scrutiny Committee - Respondent 3 to retire soon - Writ petition itself thus has become redundant as the continuation of respondent 3 as DGP would be of no consequence insofar as the apprehension expressed by the petitioner - An appointment of a government servant is prerogative of particular government, particularly, when it is sensitive appointment of DGP - Under doctrine of Judicial review', such an appointment is not disturbed more particularly, in the factual panorama - As for any disciplinary action against respondent 3, it is for the concerned government to take steps - Administrative law - Judicial review. Petitioner Organization was started in response to the carnage which took place in Gujarat in 2002 with the main objective to bridge gap between various religious communities. Petitioner filed writ petition under Article 32 of Constitution of India, 1950 primarily challenging appointment and continuation of respondent no.3 to the post of Director General of Police, State of Gujarat and for directing the respondent-State to take disciplinary action including prosecuting respondent no.3 for having failed in his duties during Gujarat carnage. The other contentions raised were that during the relevant period respondent 3 was Commissioner of Police when communal disturbances rocked the State of Gujarat. It was claimed that more than 700 persons died and number of irregularities were committed by respondent 3 such as not supplying the reinforcements and serious derelictions of his duties. It was further alleged that on account of the directions issued by Supreme Court, about 2000 cases which were hastily closed by the then Gujarat Government, were directed to be re-opened and a fresh scrutiny into those cases was also ordered. It was expressed that if respondent 3 continued in the highest post of Director General of Police, those cases would be adversely affected and the guilty would be shielded and that would be patent denial of justice. |
Judge | Hon'ble Mr. Justice V.S. Sirpurkar |
Neutral Citation | 2009 INSC 22 |
Petitioner | Citizens For Justice And Peace |
Respondent | State Of Gujarat & Ors. |
SCR | [2009] 1 S.C.R. 190 |
Judgement Date | 2009-01-13 |
Case Number | 219 |
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