Dr. Kalpana Kamat v. The Police Inspector, Vasco Police Station, Vasco And 2 ORS

904 WP 340 OF 2021.ODT Esha

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO. 340 OF 2021 DR. KALPANA KAMAT ... PETITIONER VS THE POLICE INSPECTOR, VASCO POLICE STATION, VASCO AND 2 ORS.

... RESPONDENTS ****** Mr. Vibhav R. Amonkar, Advocate under the Legal Aid Scheme for the Petitioner.

CORAM:

G.S. KULKARNI, J.

DATED:

8 SEPTEMBER 2022 ORAL ORDER:

1.

I have heard the learned Counsel for the petitioner appearing through the Goa State Legal Services Authority. 2.

The order impugned is passed by the learned Member of the Goa Human Rights Commission, whereby, complaint dated 18.12.2018 made by the petitioner under the Human Rights Act, 1988 read with the Goa Human Rights Commission (Procedure) Regulations, 2011 has been rejected.

3.

The impugned order observes that the allegations made in the complaint are not made against any public servant and as such, the complaint could not be entertained in terms of Section 9(e) of the Goa Human Rights Commission (Procedure) Regulations, 2011. For such reason, the complaint is rejected in limine.

8 September 2022

904 WP 340 OF 2021.ODT 4.

A copy of the complaint is annexed to the proceedings. From a perusal of the complaint, it is quite clear that the complaint in fact intended to urge a private dispute, which the petitioner has against respondent no. 2. In my opinion, considering the nature of the complaint, there is no error or much less any perversity in the impugned order passed by the learned Member of the Goa Human Rights Commission.

5.

The Petition is accordingly dismissed, however, keeping open all rights and contentions of the petitioner to pursue appropriate proceedings for any cause of action the petitioner may have against respondent no. 2.

6.

All contentions of the parties on any such proposed proceedings are expressly kept open.

7.

No costs.

G.S. KULKARNI, J.

VAIGANKAR ESHA SAINATH Date: 2022.09.13 12:07:01 +05'30'

VAIGANKAR ESHA SAINATH 8 September 2022