Case Note & Summary
The petitioners, three jewellers' associations in Bengaluru, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a writ of mandamus directing the respondents (State of Karnataka, Director General and Inspector General of Police, and Commissioner of Police) to strictly comply with the guidelines issued under Circular No. GC/18/S.H.R.C./2007 dated 19/02/2008 and SOP No. Crime 3/187/2018 dated 06/03/2019. The petitioners alleged that the police were not following these guidelines, leading to harassment and insecurity among jewellers. The court, after hearing the counsel for the petitioners and the Additional Government Advocate, held that the guidelines are binding and must be strictly complied with. The court directed the respondents to constitute a special committee to oversee complaints regarding non-compliance of the guidelines and to ensure the safety and security of jewellers. The writ petition was disposed of with these directions.
Headnote
A) Constitutional Law - Writ of Mandamus - Compliance with Police Guidelines - Articles 226 and 227 of the Constitution of India - The petitioners sought a writ of mandamus directing the police to comply with Circular No. GC/18/S.H.R.C./2007 dated 19/02/2008 and SOP No. Crime 3/187/2018 dated 06/03/2019 issued by the Director General and Inspector General of Police. The court held that the guidelines are binding and must be strictly followed to ensure the safety and security of jewellers and to prevent police harassment. (Paras 1-5) B) Police Law - Standard Operating Procedures - Jewellers' Security - Circular No. GC/18/S.H.R.C./2007 and SOP Crime 3/187/2018 - The court directed the respondents to constitute a special committee to oversee complaints pertaining to police atrocity on account of non-compliance of the guidelines. The court emphasized that the guidelines are issued for the protection of jewellers and must be implemented in letter and spirit. (Paras 1-5)
Issue of Consideration
Whether the respondents are bound to comply with the guidelines issued under Circular No. GC/18/S.H.R.C./2007 dated 19/02/2008 and SOP No. Crime 3/187/2018 dated 06/03/2019, and whether a writ of mandamus can be issued directing the respondents to strictly comply with the same.
Final Decision
The court disposed of the writ petition directing the respondents to strictly comply with the guidelines issued under Circular No. GC/18/S.H.R.C./2007 dated 19/02/2008 and SOP No. Crime 3/187/2018 dated 06/03/2019, and to constitute a special committee to oversee complaints pertaining to police atrocity on account of non-compliance of the guidelines.
Law Points
- Writ of Mandamus
- Police Guidelines
- Circular No. GC/18/S.H.R.C./2007
- SOP Crime 3/187/2018
- Compliance with executive instructions
- Fundamental rights under Articles 226 and 227
