The present petition has been filed by the petitioner under Art. 227 of the Constitution of India for the prayer that appropriate writ, order or direction directing the Inspector General of Police or in the rank of IGP to take appropriate steps against the concerned officer in pursuance of the letter dated 26.8.2009 written by the Addl. DGP to the Human Rights Commission. The petition is filed by the petitioner who claims to be the Editor and Owner of 'Kalol Today Weekly' newspaper who has no right and it is not admittedly a public interest litigation. Therefore in the petition what locus standi or right he has is not made clear nor any explanation has been given for filing such proceedings in 2012 in respect of a letter addressed by the Addl. DGP in 2009 to the Human Rights Commission. He does not know about what has transpired thereafter. As could be seen from the communication dated 8.12.2009 (Annexure-A), the report has been made by the Superintendence of Police, Gandhinagar, for the proposed action against some of the officer. Therefore, it cannot be said that no action has been taken pursuant to the communication from the Addl. DGP dated 26.8.2009. The communication Annexure-A from the Superintendent of Police, Gandhinagar to the Human Rights Commission refers to the proposed steps.
Therefore, considering the guidelines laid down by the Hon'ble Apex Court with regard to the care and circumspection with which the inherent powers under sec. 482 or the extra-ordinary discretionary jurisdiction under Arts. 226 & 227 of the Constitution of India has to be exercised, there is no case made out for entertaining the present petition or issuing any direction. If at all there is any grievance, the petitioner can move the appropriate authority or higher authority who can administratively consider the same. However, it would not justify the exercise of discretion by this Court in such matters without any proper details and therefore the present petition deserves to be rejected and accordingly stands rejected.
(Rajesh H. Shukla, J.) (hn) Top