Reepak Kansal And Anr. vs Union Of India And Ors.
2019 Latest Caselaw 5718 Del

$~44
* IN THE HIGH COURT OF DELHI AT NEW DELHI

                                   Date of decision: 18th November, 2019

+      W.P.(C) 12103/2019

       REEPAK KANSAL AND ANR.                  ..... Petitioners
                   Through: Petitioners in person


                          versus



       UNION OF INDIA AND ORS.                 ..... Respondents
                     Through: Mr. Anil Soni, CGSC with
                               Mr. Devesh Dubey, Adv. for R-
                               1/UOI
                               Ms. Hetu Arora Sethi, ASC with
                               Mr. Sidharth Agarwal and Mr.
                               Abhimanyu Verma, Advs. for R-2

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

                          ORDER

%                         18.11.2019
D.N. PATEL, CHIEF JUSTICE (ORAL)

W.P.(C) 12103/2019

1. This Public Interest Litigation has been preferred with the following prayers :

"(i) Writ, Order or Direction in the nature of Writ of Mandamus praying for issue a writ, order or direction in the nature of writ of mandamus directing respondent no. 1

to restrict the respondent no. 2 to provide security in the courts of law at. Delhi and to deploy other trained and experienced security forces in the courts of Delhi ; and/or.

(ii) Writ, Order or Direction in the nature of Writ of Mandamus directing Respondent No. 1 to lodge FIR against the each and every member of third battalion / Respondent no. 2 and senior officers presented in Tis Hazaari at the time of incident and deployed untrained and inexperienced police forces with weapon to handle the situation and/ or.

(iii) Writ, Order or Direction in the nature of Writ of Mandamus praying for issue a writ, order or direction in the nature of writ of mandamus directing respondent no. 1 to appoint an independent agency to investigate the matter and /or

(v) Writ, Order or Direction in the nature of Writ of Mandamus directing Respondent No. 1 to take action against the respondent no. 6 as per law and /or

(vi) to pass such other writ(s), order(s) or direction(s) as is deemed fit and proper in the premises of the case, which is not specifically prayed for hereinabove."

2. Having heard petitioners in person, learned counsel for the respondents and looking to the facts and circumstances of the case, it appears that the present writ petition has been preferred for change of security force in the Courts of Delhi. This is a policy decision required to

be taken by the respondents and hence we see no reason to entertain this writ petition at this stage.

3. The present security system, being operated by the respondents, is going on since long. However, the respondents may impart further training to their security personnel as per requirement.

4. With these observations, this writ petition is hereby disposed of.

CHIEF JUSTICE

C.HARI SHANKAR, J.

NOVEMBER 18, 2019/kr