K Rafiq Ahmed vs Dr. Rajesh Goel, Ias & Others

Abhay S. Oka, CJ

The breach alleged is of the order dated 7th October, 2020 passed by the learned Single Judge in a writ petition filed by the complainant.

Paragraphs 2 to 4 of the said order are material which read thus:

The grievance of the petitioner is, his application for Arms Licence dated 09.07.2019 (Annexure-N) has not been considered.

Learned High Court Government Pleader submits that if some time is granted, the same will be considered, if it is already not disposed of.

In the circumstances, the petition is disposed of with a direction to consider petitioner's representation (Annexure-N) if already not disposed of, as

expeditiously as possible, in any event, within an outer limit of three months.

The petition is disposed of."".

As the said order was not complied with within the outer limit of three months, the present contempt petition was filed by the complainant on 3rd April,

2021.

We may note here that on 12th March, 2021, a letter was addressed by the complainant to the accused inviting their attention to the aforesaid order

and the failure on their part to comply with the same.

On 17th June, 2021, when the petition was listed before this Court, the learned Additional Government Advocate sought time to report compliance.

On 23rd June, 2021, this Court recorded the statement of the learned Additional Government Advocate that the application made by the complainant

for grant of arms licence has been dismissed by an order dated 24th April, 2020. This Court directed the learned Additional Government Advocate to

file an affidavit of a responsible officer to show that a copy of the order dated 24th April, 2020 was served upon the complainant before filing this

petition.

On the basis of the said order of this Court, an affidavit was filed by Smt.Nisha James, IPS, Deputy Commissioner of Police (Administration) dated

28th June, 2021. Prior to that, on 17th June, 2021, the learned counsel appearing for the complainant tendered an affidavit of the complainant stating

that a copy of the order dated 24th April, 2020 communicating the rejection of the application for a grant of arms licence was served upon the

complainant on 22nd June, 2021 by post and that the said order was posted on 18th February, 2021. Even the envelope containing the said order was

annexed to the said affidavit.

After the affidavit was filed by the Deputy Commissioner of Police (Administration), this Court called upon the State Government to produce the

dispatch register. A detailed order was passed on 14th July, 2021 by this Court recording reasons. A prima facie finding was recorded in the said

order that the entry of dispatch of the said order dated 24th April, 2020 in the dispatch register appears to have been made by way of an interpolation.

Therefore, this Court directed the Additional Commissioner of Police (Administration), Bengaluru City, to hold an enquiry into the entire issue.

Accordingly, a detailed report dated 10th August, 2021 has been submitted by the Additional Commissioner of Police-Administration (In charge),

Bengaluru City.

A perusal of the aforesaid report dated 10th August, 2021 shows that he has accepted that the entry of dispatch of the letter dated 24th April, 2020

which is seen in the dispatch register of 24th April, 2020 was not made on 24th April, 2020 and was incorporated subsequently. Thereafter, the report

records that disciplinary proceedings will have to be initiated against the concerned case worker who has made the entry.

There are certain defects which we must take note of. Firstly, the dispatch register shows that there is no practice of entering the serial numbers of

the documents dispatched. Secondly, we fail to appreciate the practice adopted by the Police Department of communicating the orders passed on the

applications for grant of arms licence by Ordinary Post.

Invariably, the applications for grant of arms licence are made on the basis of an apprehension of a threat to the life of the applicant. Therefore, this

practice of sending the orders passed on such applications by Ordinary Post needs to be forthwith discontinued. As regards entering the serial

numbers in the dispatch register, as stated in the report, a direction has already been issued. However, a direction shall be issued by the State

Government that the orders passed on the applications for grant of a licence to possess and use arms shall be communicated by Speed Post

Acknowledgement Due or at least, by Speed Post.

The above discussion shows that just to avoid an action being taken under the Contempt of Courts Act, 1971, an attempt was made to interpolate an

entry in the dispatch register to show that on 24th April, 2020 itself, the order of rejection was dispatched to the complainant by ordinary post. Now,

the Additional Commissioner of Police has stated that disciplinary proceedings have been initiated against the concerned case worker.

Smt.Nisha James, the Deputy Commissioner of Police (Administration) has filed an affidavit dealing with the contempt petition. We are surprised

to note that the officer has not bothered to look at the original dispatch register. On a visual inspection, one can clearly notice the interpolation made in

the dispatch register. We are surprised to note that an officer of IPS rank has, only for the purposes of avoiding an action under the Contempt of

Courts Act, filed an affidavit in a most irresponsible manner relying upon the entry made in the dispatch register of 24th April, 2020, which is ultimately

found to have been made subsequently. The officer has not bothered to enquire why the order was sent by Ordinary Post and not by Speed Post. It is

for the higher officers of the police to look into the conduct of the said officer.

As stated earlier, the order of rejection of the application purportedly passed on 24th April, 2020 has been served upon the complainant on 22nd

June, 2021. The learned counsel appearing for the complainant has much to say about the reasons recorded therein. However, it is for the complainant

to challenge the said order in accordance with law.

Apart from seeking grant of arms licence, the petitioner-complainant had also sought police protection due to threats allegedly received by him.

Therefore, it was all the more necessary for the State Government not only to decide the application immediately, but to communicate the said order at

the earliest. Now, a stand is sought to be taken that a few months before the order was passed on 7th October 2020, the application for grant of

licence was already decided on 24th April 2020. This stand appears to be clearly an afterthought.

In view of the compliance made, further action under the Contempt of Courts Act, 1971 is not warranted. However, considering the manner in

which the officers of the State Government have acted, this is a fit case to saddle the State Government with costs quantified at Rs.50,000/-.

Accordingly, we pass the following order:

ORDER

(i) The contempt petition is disposed of subject to the condition of the first respondent- accused paying costs quantified at Rs.50,000/- (rupees fifty

thousand) to the complainant within a period of one month from today;

(ii) It will be open for the State Government to recover the amount of costs from the officers who are responsible for the default;

(iii) It will be always open for the complainant to challenge the order dated 24th April, 2020 in accordance with law;

(iv) We clarify that the said order was served upon the complainant on 22nd June, 2021;

(v) Though the petition is disposed of, for reporting compliance regarding the payment of costs, the petition shall be listed on 4th October, 2021.