IN THE HIGH COURT OF BOMBAY
N. Arumugham Smt. Ranjana Desai, JJ.
People’s Union for Civil Liberties others ..... Petitioners.
Versus
The State of Maharashtra others..... Respondents.
Criminal Writ Petition No. 1146, 1064, 1032 of 1997. Criminal Application No. 3397/1998 in Criminal Writ Petition No. 1146, Criminal Application No. 3433/1998 in Criminal Writ Petition No. 1146 and Criminal Application No. 3432/1998 in Criminal Writ Petition No. 1064 of 1997, decided on 22/23/24 25-2-1999.
Advocates appeared :
L.N. Chari, S.A. with Madhao Jamdar and Mukil Puranik in Cri.W.P. No. 1146 of 1997, for the petitioners.
V.R. Manohar, S.A. with Mrs. Usha Kejriwal, A.P.P. in Cri.W.P. No. 1146 of 1997, for the respondent Nos. 1, 2 3, in Cri.W.P. No. 1064, 1032 of 1997, for the petitioners and in Cri. Appl. No. 3397 of 1998 in Cri.W.P. No. 1146 of 1997 and in Cri. Appl. No. 3432 of 1998 in Cri.W.P. No. 1064 of 1997, for the re spondent.
Arvind Bobade, S.A. with P.M. Pradhan, B.P. Pandya and H.G. Misar, in Cri.W.P. No. 1146 of 1997, for respondent No. 5.
P.A. Sebastian with Mrs. Monica Sakhrani with Miss N. Adenwalla in Cri.W.P. No. 1064 of 1997, for the petitioners.
A. Majeed Memon, S.A. with S.G. Abbas Kazmi, K. Joseph in Cri.W.P. No. 1032 of 1997, for the petitioners.
C.U. Singh i/by Sanjay Udeshi Co. in Cri. Appl. No. 3397 of 1998 in Cri.W.P. No. 1146 of 1997, for the applicants.
Subhash Jha in Cri. Appl. No. 3433 of 1998 in Cri.W.P. No. 1146 of 1997 and Cri. Appl. No. 3432 of 1998 in Cri.W.P. No. 1064 of 1997, for the applicants.
N. ARUMUGHAM, J.:---These three writ petitions have been filed under Article 226 of the Constitution of India seeking the Mandamus against the respondents who are the State of Maharashtra, the Director General of Police, Maharashtra, Mumbai, the Commissioner of Police, Mumbai, and other officials working under them and Coroner of Mumbai, (i) directing the respondent Nos. 1 to 3 to furnish the particulars regarding the number of persons killed in last one year in police encounters, their names, addresses, the circumstances in which these persons are killed, the enquiries, if any, conducted with respect to the said killings and any other relevant information and the action taken, if any, by them: (ii) directing the respondent No. 1 to register offence under section 302 of the Indian Penal Code and other relevant enactments against the Police Officers, if found prima facie responsible for the violation of the fundamental rights and the provisions of the Indian Penal Code and other relevant enactments; (iii) directing the 4th respondent, viz. the Coroner of Mumbai, to submit a detailed report and the details of actions taken by him under the provisions of the Coroners Act, 1871 and (iv) directing the appropriate authority to enquire into and report to this Court in all the police encounters that have taken place not only in the city of Mumbai but also in the State of Maharashtra in which persons have been killed or injured in police encounters; (v) directing the State of Maharashtra to constitute the Maharashtra State Human Rights Commission as provided under section 21 and other provisions contained in the Protection of Human Rights Act, 1993 and (vi) directing the State of Maharashtra to frame appropriate guidelines governing planning and carrying out encounters by the police and other authorities for the purpose of protection of life and liberty guaranteed under Article 21 read with Article 14 of the Constitution of India, the above prayers were made in Criminal Writ Petition No. 1146 of 1997, (Prayers in Writ Petition No. 1032 of 1997), (i) directing the respondents to call for the records with regard to the death of Abu Sayama @ Javed and with regard to the encounter (fake) in which the said Abu Sayama was killed on 28-8-1997 at Ballard Pier/by M. R. A. Marg Police Station, and also to produce files and papers with regard to all the 65-68 encounters in which different persons were killed between January 1997 till the end of September, 1997; (ii) directing the 2nd respondent and his subordinate officers to register or get registered a case of murder under section 302 of the Indian Penal Code against the 3rd respondent in Criminal writ petition No. 1032 of 1997 for killing Abu Sayama @ Javed under the guise of fake encounter, and also for an order for a departmental enquiry against respondent No. 3 for his misconduct ; (iii) directing the respondent No. 1 to investigate with regard to 68 cases of encounters of the Bombay Police to be made through the Central Bureau of Investigation or any other investigating agencies of the Union Government; and (Prayers in Writ Petition No. 1064 of 1997); (i) directing the respondents to hand over all the cases concerning encounters between the Bombay Police and the alleged criminals in the years 1995, 1996 and 1997 to the Central Bureau of Investigation for the purpose of investigation and Central Bureau of Investigation may be permitted to proceed against the accused under the relevant sections of the Code of Criminal Procedure; and prosecute them in accordance with law.
2. The petitioners, in Criminal Writ Petition Nos. 1164 and 1064 of 1997, are People's Union for Civil Liberties, a voluntary body working for the welfare and interests of general public, and the 2nd petitioner is its Vice President and the petitioners in Criminal writ petition No. 1032 of 1997 are the members of a political party, by name Samajwadi Party, and the 3rd petitioner is a Municipal Corporator elected fro
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