Shyam Sunder Kausal vs Union Of India And Ors
2017 Latest Caselaw 5043 Del

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*IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                    Date of decision : 13th September, 2017

+                             W.P.(C) 4057/2016

       SHYAM SUNDER KAUSAL              ..... Petitioner
                   Through : Mr. Akash Vajpai, Adv.

                              versus

       UNION OF INDIA AND ORS              ... Respondents
                     Through : Mr. Bhagvan Swarup Shukla,
                               CGSC with Mr. Shambhu
                               Chaturvedi, Adv. for R-1.
                               Mr. Anuj Aggarwal, ASC,
                               GNCTD with Ms. Deboshree
                               Mukherjee, Adv. for R-2 & 3.

                         +          W.P.(C) 10283/2016

       FIGHT FOR HUMAN RIGHTS             ..... Petitioner
                    Through : Ms. K. R. Chitra, Adv.

                              versus

       UNION OF INDIA                                    ..... Respondent
                     Through :               Mr. Ajay Digpaul, CGSC with
                                             Ms. Mohita, Adv. for R-1.

       CORAM:
       HON'BLE THE ACTING CHIEF JUSTICE
       HON'BLE MR. JUSTICE C.HARI SHANKAR

                              JUDGMENT (ORAL)

GITA MITTAL, ACTING CHIEF JUSTICE

1. By way of these writ petitions, the writ petitioners flag an important issue that there is an obnoxious practice of using arms, licenced and unlicenced, in public gatherings, religious places, marriage parties and other functions to fire ammunition in a gesture of showing joy. It is submitted that thereby the right to life guaranteed under Article 21 of the Constitution of India of others is imperilled. These writ petitions point out actual incidents of such firing which have resulted in loss of life and limb.

2. On these facts, the writ petitioners pray for a direction to the respondent Union of India to frame stringent policies/rules/guidelines to curb the obnoxious practice of such firing and also to evolve a robust mechanism to ensure that such arms licences are not misused and, if misused, direct that penalties be levelled and licences cancelled.

3. The petitioners have also flagged an important issue regarding the culpability and liability to pay compensation upon loss of life and injury resulting from such firing. In the rejoinder filed in W.P.(C)No.4057/2016, the petitioner has pointed out several important measures suggesting that such measures deserve to be taken by the respondents to discourage such firing.

4. These writ petitions are certainly not adversarial and the issues flagged by the writ petitioners are important. However, no adjudication on the above issues is required and the matter can be disposed of at this stage.

5. A direction is issued to the respondents to consider all issues flagged by the petitioners in these writ petitions as well as measures pointed out in the rejoinder, filed by the petitioner, in W.P.(C)No.4057/2016 and to notify an effective policy regarding the same. A view shall be taken by the respondents within a period of three months from today.

These writ petitions are disposed of in the above terms.

ACTING CHIEF JUSTICE

C.HARI SHANKAR, J SEPTEMBER 13, 2017 aj