( 1 ) B. J. SHETHNA, J. Petitioner " Shri Yatin N. Oza, Senior Advocate practising in this Court and former President of High Court Advocates Association, has filed this petition in 2005 as a Senior Advocate and President of High Court Advocates Association and also ex-Member of Legislative Assembly (MLA) of State of Gujarat. He has filed this petition as Public Interest Litigation as a conscious citizen and person in public life.

( 2 ) FOLLOWING prayers have been made in this petition:

"to issue writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction directing the respondent no. 1 to handover all relevant files and papers to the Central Bureau of Investigation for the fresh investigation and prosecution in the matter of role played by the respondent nos. 5 to 7 in not making timely arrest of Abdul Sattar Abdul Habib Hamdani alias sattar Maulana in pursuance of FIR registered as Cr. I 43 / 94 at Porbandar (Kamalbag), B Division Police Station for the offence punishable under Sections 120-B, 34, 121, 121-A, 122 and 123 of the Indian Penal Code read with Section 25 (1-B)A, 25 (1-AA) and Section 27 of the Arms Act read with Section 9 (B) of the Explosive Act read with Sections 3, 4 and 5 of the Prevention of Terrorist and Disruptive Activities Act. "

"to issue writ of mandamus or writ in the nature of mandamus or any other appropriate writ, order or direction quashing and setting aside the report of Justice Dave Commission produced at annexure L to this petition, so far as and to the extend it gives finding to the effect that the respondent nos. 5 to 7 and the other officers whose names are disclosed in Chapter 11 of the Report have not committed any mistake much less serious mistake in not arresting Abdul Sattar Abdul Habib Hamdani alias "sattar Maulana. ""

"to issue writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction directing the respondent No. 1 to ignore the report of Justice Dave Commission produced at annexure L to the petition, so far as and to the extend it gives finding to the effect that the respondent nos. 5 to 7 and the other officers whose names are disclosed in Chapter 11 of the Report have not committed any mistake much less serious mistake in not arresting Abdul Sattar Abdul Habib Hamdani alias "sattar Maulana" and further be pleased to direct the respondent No. 1 to take disciplinary action against the respondent Nos. 5 to 7 in accordance with the respective discipline and appeal rules applicable to them and consequently punish them under such rules. "

"to issue writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction:-Directing the respondent no. 1 to suspend the respondent no. 6 and 7 from service pending contemplated departmental inquiry and also pending departmental inquiry, forthwith or within the time which may be stipulated by this Hon ble Court. Directing the respondent no. 8 to suspend respondent no. 5 from service pending contemplated departmental inquiry and also pending departmental, inquiry, forthwith or within the time whish may be stipulated by this Hon ble Court. Directing the respondent no. 1 to initiate departmental inquiry against the respondent nos. 6 and 7 forthwith, or within the time which may be stipulated by this Hon ble Court. Directing the respondent no. 8 to initiate departmental inquiry against respondent no. 5 forthwith or within the time which may be stipulated by this Hon ble Court. Directing the respondent to prosecute inter alia respondent no. 5, respondent nos. 6 and 7 for the offences punishable under Section 3 (4) of Terrorist and Disruptive Activities (Prevention) Act, 1987, forthwith or within the time which may be stipulated by this Hon ble Court. "

First prayer is for handing over investigation to CBI regarding role played by the respondent Nos. 5 to 7, who are police officers, in not making timely arrest of the accused sattar Maulana

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