ALEQUE PADAMSEE Vs. UNION OF INDIA

JUDGEMENT

(1.) These petitions are filed under Article 32 of the Constitution of India, 1950 (in short the 'Constitution'). The petitioners have stated that they have approached this Court because of inaction of official respondents in not acting on the report lodged by two persons namely, Sumesh Ramji Jadhav and Suresh Murlidhar Bosle. The basic grievance is that though commission of offences punishable under the Indian Penal Code, 1860 (in short the 'IPC') was disclosed, the police officials did not register the FIR and, therefore, directions should be given to register the cases and wherever necessary accord sanction in terms of Section 196 of the Code of Criminal Procedure, 1973 (in short the 'Code'). It is stated that the speeches made by respondents 5 and 6 were likely to disturb the communal harmony in the country and the likely result of such inflammatory speeches was to create hatred in the minds of citizens against the persons belonging to minority communities. It appears that so far as respondent No.5 is concerned a complaint was lodged at the police station in the State of Maharashtra where the complainants reside. Since the police authorities in Maharashtra found that the alleged speeches were delivered outside the State of Maharashtra and inside the State of Gujarat, they took up the position that action could be taken by the authorities in Gujarat. Accordingly, the report lodged was sent to the officials in Gujarat. So far as respondent No.6 is concerned sanction in terms of Section 196 of the Code was prayed for alleging that there was complete inaction and, therefore, the writ petition has been filed. It was pointed out by learned counsel for the petitioners that since undisputedly, the commission of cognizable offence is disclosed even on a bare reading of the FIR lodged, the authorities were not justified in not registering the FIR. It is contended that the partisan approach of the authorities in the State of Gujarat is writ large, which is evident from a bare reading of the counter affidavit filed. The role which is to be played by the investigating agency and finally the court has been assumed by the authorities who were not competent to deal with the matter. It is pointed out that in Ramesh Kumari v. State (NCT of Delhi) and Ors. (AIR 2006 SC 1322) this Court had said that whenever cognizable offence is disclosed the police officials are bound to register the same and in case it is not done, directions to register the same can be given.

(2.) Learned counsel appearing for respondent No.5 and the State of Gujarat submitted that on a bare reading of the complaint lodged it appears that no offence was made out and whenever a complaint is lodged automatically and in a routine manner FIR is not to be registered. In any event, it is submitted that petition under Article 32 of the Constitution is not a proper remedy.

(3.) Chapter XII of Code relates to "Information to the Police and their Powers to Investigate". Section 154 reads as follows: