Sunny Punamiya v. State Of Maharashtra And 2 ORS.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION PUBLIC INTEREST LITIGATION (L) NO.77 OF 2016 Sunny Punamiya

...Petitioner

Versus

State of Maharashtra and Ors.

...Respondents

Mr.Sunny Punamiya, Petitioner present in-person. Mr.A.A.Kumbhakoni, Advocate General a/w Mr.Akshay Shinde and Mr.P.G.Sawant, A.G.P for the Respondent-State CORAM : DR. MANJULA CHELLUR, C.J. & M. S. SONAK, J.

DATE : 30th NOVEMBER, 2017 P.C. :

1.

Learned Advocate General has placed on record draft circular to be issued by the Home Department of Government of Maharashtra, with regard to the police protection guidelines pertaining to private citizens. After going through the details of the circular, we are of the opinion that by and large, it has taken into consideration every possible issue that can be thought of. Since these circulars are not static, it is always open to the department concerned to modify or make additions in future, depending

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2.

Learned Advocate General submits that within one month from today, the circular will be implemented by way of Government Resolution. 3.

At the time of filing of the present Public Interest Litigation, the main grievance was non-recovery of amounts to be paid by several persons, who were given police protection till now. There was lot of agitation with regard to non-implementation or no course of action taken to recover these amounts. Since the police personnel who are deputed in police protection matters are paid through the coffers of the State, i.e. tax payer's money, one has to be more careful. Inspite of ability of the person who takes protection and agreeing to pay charges, the charges are not paid. We directed the department concerned to bring out the draft circular/guidelines. The draft circular now placed on record covers all the issues which can be thought of. Since the learned Advocate General submits that the circular would be implemented by way of Government Resolution within one month, we are of the opinion, that nothing remains for further consideration in the matter.

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Recording the submission of learned Advocate General, we dispose of the Public Interest Litigation. We make it clear that the amounts which are not recovered so far shall be recovered in the manner proposed in the circular.

5.

With these observations, the Public Interest Litigation is disposed of.

M. S. SONAK, J.

CHIEF JUSTICE