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2023 Supreme(Guj) 172

BIREN VAISHNAV
SWATI RAJIV GOSWAMI – Appellant
Versus
COMMISSIONER OF POLICE, AHMEDABAD – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: B.S. SOPARKAR.
For the Respondent: ROHAN SHAH.

JUDGMENT :

BIREN VAISHNAV, J.

1. The petitioner by way of this petition under Article 226 of the Constitution of India, seeks publication of Rules framed by the respondents under Section 33 of the Gujarat Police Act, 1951 (hereinafter referred to as “the Police Act”). The petitioner further seeks publication and online access to all the Rules, Regulations, Instructions, Manuals and Records held by the respondent No. 1 or under its control or used by its employees for discharging its functions. It is the case of the petitioner that failure to publish such rules amounts to illegality of the executive action violation of democracy rule of law and natural justice and infringement of rights of the petitioner of free speech and expression and assembly enshrined in Article 19 of the Constitution and Right to Life enshrined in Article 21 of the Constitution.

2. Facts in brief are as under:

    2.1 On 12.12.2019, the Citizenship Amendment Act, 2019, was assented to by the President and published for general information in the official gazette. Some of the residents of Ahmedabad willing to express their opinion on this amendment, wished to express the same in peaceful manner. The petitioner, wanting

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