Nikhil Saraf vs Government Of Punjab And Others

Sanjiv Berry, J

The instant writ petition has been preferred in the form of Public Interest Litigation under Article 226 of the Constitution of India seeking following reliefs:-

"(i) A writ of mandamus or any other similar writ or direction to Redraft Polices rules for the Respondents.

(ii) A writ of mandamus or any other similar writ or direction to Digitize the Operations, Reportings, Internal & External Communication, Etc of the respective Police Organization of the Respondents, adopting the best international practices and making it a part of their Rules.

(iii) A writ of mandamus or any other similar writ or direction to Redraft Polices rules, to provide for Promotions and Adequate Financial Compensation for the welfare of the NGO'S and Constables of the Respondents. Directions for to make suitable amendments in the Rules by providing at least three promotions to the Constables throughout his career to remove stagnation and for improving efficiency, Directions to pay at least forty-five days' extra salary to improve the conditions of service of the police personnel for undertaking the arduous duties.

(iv) A writ of mandamus or any other similar writ or direction to Redraft Polices rules for Optimum Deployment of Material and Human Resources for the Respondents and conducting regular periodical Social Audit by some third independent entity, preferably an NGO (Non Government Organization) on the of placement of constables at the residences of senior officials and politicians, this will greatly help in getting the much required manpower released for Policing for the Respondents.

(v) A writ of mandamus or any other similar writ or directions for providing the following Humane conditions in various Police Stations and Police Chowkis as per highest standards of Human Rights for the Respondents, thereby giving directions for providing separate and clean toilets for Ladies, for providing clean tidy and well lit lock up cells for the Accused, Directions to not to parade accused before the Media in any form, For any kind of crime, as they are not convicted by the Courts, Directions to prominently put up details of Police Complaints Authorities in all the Police Stations and Police Chowkis.

(vi) A writ of mandamus or any other similar writ or directions for Improving the working conditions of the Non Gazetted Officials and Constables by giving Directions to ensure that the police personnel do not work for more than eight hours at a stretch, Directions to undertake Housing Scheme for the police personnel for improving the living conditions of the police force, Direction to be liberal in granting leaves to the police personnel. The family members of the police force should be duly compensated in the eventuality of police personnel receiving bodily injuries, disability or death in the line of duty, Directions to constitute Special Selection Board for recruitment of police personnel for timely filling up the vacancies, Directions to ensure that the traffic police is given sufficient breaks while discharging their duties in summers by rotating them, Directions to protect them from injurious gases and fumes while discharging traffic duties, Directions for All the police personnel to be medically examined after every three months to assess their medical fitness, Directions for to ensure that the police stations work in shifts for efficient and people friendly policing."

During course of proceedings on 08.03.2022 it was brought to the notice of the Court that most of the issue raised in the present petition are already pending consideration before Hon'ble Supreme Court of India in Writ Petition (C) No. 1206/2019 titled as Vijay Gopal vs. Union of India. Thereafter, vide order dated 30.11.2023 petitioner was granted time to file replication highlighting the issues which are not been pending before the Hon'ble Supreme Court.

The petitioner filed replication dated 06.02.2024 highlighting the issues which are required for adjudication in the present petition, are as under:-

" 1) Directions for providing the following Humane conditions in various Police Stations and Police Chowkis as per highest standards of Human Rights for the Respondents, thereby giving directions for providing separate and clean toilets for Ladies.

2) Directions to not to parade accused before the Media in any form, and also providing clean tidy and well lit lock up cells for the Accused.

3) Directions to prominently put up the details of Police Complaints Authorities in all the Police Stations and Police Chowkis.

4) Directions on digitization of operations, reporting, internal and external communication.

5) Directions for appropriate amendments in the service rules by providing at least three promotions to the constables throughout his/her career to remove stagnation and for improving efficiency.

6) Directions to Redraft Polices rules for Optimum Deployment of Material and Human Resources for the Respondents and conducting regular periodical Social Audit by some third independent entity, preferably an NGO (Non Government Organization) on the of placement of constables at the residences of senior officials and politicians this will greatly help in getting the much required manpower released for Policing for the Respondents"

We have heard learned counsel for the parties and perused the record.

It appears that the petitioner by way of the instant PIL is seeking directions from the Competent Authorities of the States of Punjab, Haryana and U.T. Chandigarh to provide humane conditions in police stations, guidelines qua media disclosures, besides appropriate amendments in Service Rules of Police seeking re-drawing of the Police Rules.

5.1 The aforesaid issues require discussions and deliberations at the end of the respective Competent Authorities and cannot be dealt into in the present writ petition while exercising the powers of judicial review. It is observed that the petitioner had not moved any representation highlighting the issues before the Competent Authorities.

In view of the above, the instant petition is hereby disposed of with the liberty to the petitioner to move a comprehensive representation to the respective Chief Secretaries of the States of Punjab, Haryana and U.T. Chandigarh seeking redressal of the grievances as has been highlighted in his replication dated 06.02.2024, which if made within 30 days from today, shall be considered and decided by the Competent Authority within 2 months there of by passing speaking order with copy thereof to the petitioner.

Pending application(s) if any, shall also stand disposed of.