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IN THE HIGH COURT OF DELHI
D.N. Patel, Amit Bansal, JJ.
Anshul Bajaj - Appellant
Versus
Union of India Ministry of Home Affairs - Respondent
W.P.(C) 10534 of 2021
Decided On : 22-09-2021




The court affirmed the necessity for authorities to address public representations in a timely manner regarding legal obligations and the constitutionality of statutes.

Headnote:(A) Constitution of India - Public Interest Litigation - Writ of Mandamus - The petitioner sought directions to remove unconstitutional statutes and to make available relevant amended criminal law and judgments for police awareness. The court directed respondent authorities to address the representation dated 25.08.2021, ensuring timely action in accordance with law. (Paras 1-3)

(B) Judicial Review - Courts exercise discretion in public interest matters where clarity on legal obligations is essential for effective law enforcement and awareness among officials. (Para 2)

Facts of the case:
The petitioner, representing public interest, highlighted the need for unconstitutional provisions to be removed and the necessity for awareness of law among police and complainants.

Findings of Court:
The court directed authority to act on a representation from the petitioner regarding the constitutionality of existing statutes.

Issues: The main questions revolved around the constitutionality of certain laws and the adequacy of legal knowledge among police personnel.

Ratio Decidendi: The court emphasized the importance of prompt and justified action by authorities in considering public representations about legal statutes.

Result: Writ petition disposed of.

Table of Content
1. public interest litigation seeks constitutional compliance. (Para 1)
2. petitioner's request for timely action on representation. (Para 2)
3. court directs authorities to decide representation per law. (Para 3)
4. writ petition disposed with observations. (Para 4)

JUDGMENT

D.N. Patel, Chief Justice (Oral)

CM APPL. 32477/2021 (Exemption)

Allowed, subject to only just exceptions.

Application is disposed of.

W.P.(C) 10534/2021

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

    "i. Issue a writ in the nature of Mandamus or any other writ of like nature thereby passing order or direction to the Respondents to remove the unconstitutional sections from the statute.

    ii. Issue a writ in the nature of Mandamus or any other writ of like nature thereby passing order or direction to the Respondents to make available the relevant amended criminal law books/bare acts and the Judgments of the Hon'ble Supreme Court of India and the respective High Courts of the State that would publicize the obligations & responsibilities of police officers to increase awareness about different laws and sections to police staff and complainants who come to PS.

    iii. Pass any other appropriate Order or Direction as this Hon'ble Court may deem fit."

2. We have heard the Petitioner, who appears in person, and looked into the facts and circumstances of the case. It is submitted by the Petitioner that a representation dated 25.08.2021 has already been preferred, which is at Annexure P-6 to the memo of this writ petition and that suffice would it be if a suitable direction is given to the concerned Respondent Authorities to decide the same in accordance with law within stipulated time.

3. In view of this submission, we hereby direct the concerned Respondent Authorities to decide the representation dated 25.08.2021 (Annexure P-6 to the memo of this writ petition), in accordance with law, rules and regulations and Government policies applicable to the facts and circumstances of the case as early as possible and practicable.

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

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