NEUTRAL CITATION
C/WPPIL/110/2012 ORDER DATED: 11/10/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/WRIT PETITION (PIL) NO. 110 of 2012
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DASHARATHBHAI MANGAJI MARVADI (PADHIAR)
Versus
STATE OF GUJARAT & 1 other(s)
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Appearance:
MR NM KAPADIA(394) for the Applicant(s) No. 1
MS MANISHA LAVKUMAR, GOVERNMENT PLEADER with MS JEENAL
ACHARYA, AGP for the Opponent(s) No. 1,2
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CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE
SUNITA AGARWAL
and
HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE
Date : 11/10/2023
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)
1. The present Public Interest Litigation has been filed in the year 2012, raising a dispute with respect to functioning of the State Police Complaints Authority at the State Level and the District Police Complaints Authority in each District of the State of Gujarat as per the provisions the Bombay Police (Gujarat Amendment) Bill, 2007, and the direction to the respondents to implement the judgment of the Apex Court in the case of Prakash Singh & ors vs. Union of India [(2006) 8 SCC 1], for establishing the said authorities. The matter was last listed on 04.12.2014, wherein, noticing that the State Government had filed an affidavit on 17.11.2014 stating therein that they have complied with the direction of the Apex Court, it was noted that in view of Justice K. T. Thomas report, the Writ Petition (Civil) No.310 of 1996 in the case of Prakash Page 1 of 2 Downloaded on : Fri Oct 13 20:39:01 IST 2023 NEUTRAL CITATION C/WPPIL/110/2012 ORDER DATED: 11/10/2023 undefined Singh & ors. vs. Union of India and ors., is to be finally decided. It was directed that the present petition be listed after the decision of the Apex Court in the aforesaid writ petition.
2. When the matter was taken up today, Shri N. M. Kapadia, the learned advocate appearing for the petitioner would submit that the State Government has not complied with the direction of the Apex Court in the matter of appointment of the State Police Complaints Authority. We may note that the said statement has been made in the Court without filing any affidavit on the part of the petitioner. It is submitted by Ms. Manisha Lavkumar, the learned Government Pleader that the writ petition in the case of Prakash Singh (Supra) is still pending before the Apex Court, wherein Justice K. T. Thomas report is under consideration. The last order dated 13.03.2019 passed by the Apex Court in the said writ petition has been placed before us.
3. Taking note of the above, we are of the considered view that the issues raised in the present Public Interest Litigation being subject matter of consideration before the Apex Court in the case of Prakash Singh (Supra), have become academic in so far as the present High Court is concerned. We, therefore, dispose of the present Public Interest Litigation with the observation that it would be open for the petitioner to agitate the issue after the decision of the Apex Court, if the same survives.
(SUNITA AGARWAL, CJ ) (ANIRUDDHA P. MAYEE, J.) cmk Page 2 of 2 Downloaded on : Fri Oct 13 20:39:01 IST 2023