The Gujarat High Court disposed of a Public Interest Litigation (PIL) filed in the year 2012, raising a dispute with respect to functioning of the State Police Complaints Authority at the State Level and the District Police Complaints Authority in each District of the State of Gujarat as per the provisions the Bombay Police (Gujarat Amendment) Bill, 2007.
The Petitioner further seeks direction to the respondents to implement the judgment of the Apex Court in the case of Prakash Singh & ors vs. Union of India [(2006) 8 SCC 1], for establishing the said authorities.
The matter was last listed on 04.12.2014, wherein, the Bench noted that the State Government had filed an affidavit on 17.11.2014 stating therein that they have complied with the direction of the Apex Court, it was noted that in view of Justice K. T. Thomas report, the Petition of 1996 in the case of Prakash Singh & ors. vs. Union of India and ors., is to be finally decided. It was directed by the High Court that the present petition be listed after the decision of the Apex Court in the aforesaid petition.
When the matter was taken up today, N. M. Kapadia, the advocate appearing for the petitioner submitted that the State Government has not complied with the direction of the Apex Court in the matter of appointment of the State Police Complaints Authority.
The Division Bench of Chief Justice Sunita Agarwal and Justice Aniruddha P. Mayee noted that the said statement has been made in the Court without filing any affidavit on the part of the petitioner.
It is submitted by Manisha Lavkumar, the Government Pleader that the petition in the case of Prakash Singh (Supra) is still pending before the Apex Court, wherein Justice K. T. Thomas report is under consideration. The last order dated 13.03.2019 passed by the Apex Court in the said petition has been placed before the High Court.
Taking note of the above, the Court is of the considered view that the issues raised in the present Public Interest Litigation being subject matter of consideration before the Apex Court in the case of Prakash Singh (Supra), have become academic in so far as the present High Court is concerned.
The Court disposed of the Public Interest Litigation with the observation that it would be open for the petitioner to agitate the issue after the decision of the Apex Court, if the same survives.
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