Bombay High Court on proceedings under Article 226 of the Constitution of India have been instituted seeking a declaration that Section 353 of the Indian Penal Code.
Bombay High Court on proceedings under Article 226 of the Constitution of India have been instituted seeking a declaration that Section 353 of the Indian Penal Code.
Title : National Lawyers Campaign for Judicial Transparency and Reforms & Ors. V. State of Maharashtra & Ors.
Decided on : 3rd November 2023
Case No. : WP ( L ) No. 21126 /2023
CORAM : DEVENDRA KUMAR UPADHYAYA, CJ. & ARIF S. DOCTOR, J.
Introduction
Bombay High Court on proceedings under Article 226 of the Constitution of India have been instituted seeking a declaration that Section 353 of the Indian Penal Code introduced by Code of Criminal Procedure (Maharashtra Amendment) Act, 2017 enhancing the punishment for the offence defined under the said Section from 2 to 5 years and making it an offence triable by a Sessions Judge, is ultra vires, unconstitutional and void.
Fact of the Case
The submission made in the Writ Petition primarily centres around the alleged atrocities on the lawyers, specially by the members of police force. Since all the aforesaid aspects appear to be under review at the government level itself as the same are being considered by the committee constituted under the Government Resolution dated 22nd February, 2023, no purpose would be served in keeping this Writ Petition pending before this Court, which is hereby disposed of with the liberty to the Petitioners to make an appropriate written representation setting out their grievances and making suggestions as well, to the committee through its Member Secretary.
It is further directed that the written representation by the Petitioners may be made within a fortnight from today and in case any such Shubham 3 of 4 ::: Uploaded on – 04/11/2023 ::: Downloaded on – 07/11/2023 12:15:19 ::: 4 24-WPL-21126-2023.doc representation is made and suggestions are given under this order, the same shall be considered by the committee. It is also provided that in case the committee feels it appropriate, the Petitioners may also be provided opportunity of hearing, however it shall be at the discretion of the committee.
Case Analysis and Judgement
It is further directed that the written representation by the Petitioners may be made within a fortnight from today and in case any such representation is made and suggestions are given under this order, the same shall be considered by the committee. It is also provided that in case the committee feels it appropriate, the Petitioners may also be provided opportunity of hearing, however it shall be at the discretion of the committee The Writ Petition thus stands finally disposed of.
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