Delhi High Court
Naresh Kumar vs Union Of India & Ors on 21 October, 2019
$~32
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 21stOctober, 2019
+ W.P.(CRL) 1531/2016
NARESH KUMAR ..... Petitioner
Through: Mr. Vijay Kinger and Ms. Roopa
Nagpal, Advs.
Versus
UNION OF INDIA & ORS ..... Respondents
Through: Ms. Suparna Srivastava, Mr.
Tushar Mathur and Mr. Jitender
Tripathi, Advs. for UOI
Ms. Dacchita Shahi and Ms.
Shivani Vij, Advs. for GNCTD
Mr. Rajesh Kumar, SPP with Ms.
Santwana, Adv. for CBI
Mr. Anand Thumbay, Adv. for Mr.
Rahul Mehra, Standing Counsel
for GNCTD with ASI Mahendra
Singh, P.S. Nand Nagri
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE C.HARI SHANKAR
ORDER
% 21.10.2019
D.N. PATEL, CHIEF JUSTICE (ORAL)
W.P.(CRL) 1531/2016
1. This Public Interest Litigation (PIL) has been preferred with the
following prayers:
"a) Issue a Writ of Mandamus or any other
appropriate Writ, order or direction(s) thereby
directing the respondent no. 1 to 3 to initiate
action against the persons involved in illegal
activities for illegal selling of liquor, other
narcotics and gambling activities in the said area
of P.S. Nand Nagri, Delhi.
b) Pass the direction to respondent No. 2 to
initiate the proceedings against the respondent
no. 3 its officials of the P.S. Nand Nagri, Delhi
who are/were supported the criminal of the area
and involved in the said illegal activities in the
said area.
c) Pass the direction to the respondent authorities
to provide the protection to the petitioner from the
hands of criminals, mafias and other persons
those who are giving threats to the petitioner and
to save the life and limbs of the petitioner.
d) Any other relief(s) which this Hon'ble court
may deem fit and proper in light of the facts and
circumstances of the present case, may also be
passed in favour of the petitioner and against the
respondents, as per law, in the interest of justice."
2. Having heard counsel for both the sides and looking to the facts
and circumstances of the case, it appears that petitioner is in search of
action to be taken against the erring official for the illegal sale of liquor,
other narcotics and gambling activities as stated hereinabove in the prayer
clause. Counsel appearing for the respondents submit that detailed
counter affidavit has been filed by the respondents and as stated in
paragraphs 2.1 and 3, it appears that departmental proceedings have also
been initiated against the erring officials of the respondents. Show Cause
Notices have also been issued to the erring officials and punishment has
also been inflicted upon them in accordance with law.
3. For the ready reference, paragraph 2.1 of the counter affidavit filed
by respondent no. 3 reads as under:-
"2.1. A total number of 480 complaints were
received against the police officials alleging their
connivance or support in bootlegging/sale of
illicit liquor, peddling of narcotics and gambling
activities. The detail of complaints and
status/action taken thereon is attached at
Annexure-A."
4. For the ready reference, paragraph 3 of the counter affidavit filed
by respondent no. 3 reads as under:-
"3. That suo-moto action was taken by
the Sr. Officers against the police officials
for their failure to stop the bootlegging of
illicit liquor, peddling of narcotics items
and gambling activities in the area of their
jurisdiction and action was taken against
the police officials as shown in Annexure-
B. which is as under:-
3.1 A total number of 43 police officers
were placed under suspension.
3.2 Departmental enquiries were initiated
against 52 police officials and out of these
52 departmental enquiries, 37 have been
finalized and 15 are still pending. In view
of the outcome of the finalized
departmental enquiries, the punishment
has been imposed in 13 cases.
3.3 Similarly, Show Cause Notices for
Censure and Explanation Calling Notice
were issued to 221 police officials and
punishment of censure has been inflicted
upon 96 police officials."
5. Thus, it appears that the respondents have already started taking
actions against erring officials; moreover, this fact is also depicted from
Annexure B to the memo of the counter affidavit filed by respondent no.
3. In view of the aforesaid actions initiated by the respondents, we see no
reason to further monitor this case. We hereby direct the respondents to
continue to initiate actions against the erring officials. If at all they are
found involved in selling of liquor etc. as stated in this writ petition, we
direct the respondents to watch that all such type of illegal activities of
sale of liquor etc. is stopped completely under the jurisdiction of Police
Station Nand Nagri, New Delhi.
6. In view of these observations, writ petition is hereby disposed of.
CRL.M.A. 7995/2016 (for police protection)
In view of the order passed in the writ petition, this civil
miscellaneous application is disposed of.
CHIEF JUSTICE
C.HARI SHANKAR, J.
OCTOBER 21, 2019
r.bararia
