Académique Documents
Professionnel Documents
Culture Documents
ITEM NO.27
COURT NO.5
S U P R E M E C O U R T O F
RECORD OF PROCEEDINGS
SECTION XIA
I N D I A
No(s).
Petitioner(s)
VERSUS
Respondent(s)
For Petitioner(s)
Mr.
Mr.
Mr.
Mr.
Ms.
For Respondent(s)
UPON hearing the counsel the Court made the following
O R D E R
officials.
The said order constrained the officials to
approach the Division Bench in intra-court appeal in Writ
Appeal Nos.1863 and 1959 of 2014. The Division Bench, by the
impugned order, has dislodged the order passed by the learned
Single Judge, upheld the order passed by the State Government
and in that context observed, thus :
...
Having
already
found
that
no
disciplinary action can be taken after a long
lapse of time and that too after retirement
of the police officers concerned, we are of
the view that the reasons stated in Ext.P2 is
sufficient to decline further action against
the officers. Hence, the direction to remit
the matter back to the Government will be a
futile exercise and requires to be set aside.
However, we make it clear that disposal of
these appeals and finding rendered herein
shall not affect the right of the petitioner
to take any other proceeding as envisaged
under law.
It is submitted by Mr. Giri, learned senior counsel, that
when liberty of a person, and that too a scientist of high
repute, is comatosed in such a manner, it is obligatory on
the part of the State Government to take stern action against
the erring officials and the Division Bench of the High Court
has failed to appreciate the reasoning of the learned single
Judge who had expressed his agony with regard to the cruelty
meted out to the petitioner.
Learned senior counsel would
further submit that in a situation like this, if the erring
officers are allowed to go scot free solely because they have
attained the age of superannuation, it may give a long rope
to the investigating agency to take anyone into custody
without a reason.
Such a situation, submitted Mr. Giri,
would be an anathema to the concept of justice.
Issue notice returnable within eight weeks.
(Gulshan Kumar Arora)
Court Master
(H.S. Parasher)
Court Master