Jawaharlal Sharma v. Union Of India Through The Ministry Of Home

28.pil-18-25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION PUBLIC INTEREST LITIGATION NO. 18 OF 2025 by URMILA PRAMOD INGALE Date:

2025.04.24 11:45:04 +0530 URMILA PRAMOD INGALE Jawaharlal Sharma ... Petitioner

Versus

Union of India and ors.

.... Respondents **** Mr.Manoj Shirsat, Mr.Filji Frederick, Mr.Aayu Saxena, Ms.Hritika Shroff i/b FF & Associates, for the Petitioner. Mr.Anil C. Singh, ASG a/w Mr.Aadesh Vyas, Ms.Sangeeta Yadav, Ms.Ruchita Verma, for the Respondent No.1.

Dr.Birendra Saraf (AG) a/w Ms.Vaishali Choudhary (Addl. GP), Smt.Varsha Sawant (AGP), for State- Respondent No.3. Senior Advocate-Dr.Milind Sathe, Amicus Curiae a/w Mr. Aditya Mhase and Mr.Gaurav Srivastav.

**** CORAM : ALOK ARADHE, CJ & M.S.KARNIK, J.

DATE :

23rd APRIL, 2025 P.C. :

1.

In this PIL petition, the petitioner inter alia has prayed for the following reliefs:

"a) This Hon'ble Court be pleased to direct Respondent No. 1 and/or Respondent No. 3 to create a fund to compensate the prisoners subjected to incarceration where the prosecution fails to prove the charge;

b) In the alternative to prayer clause [b] above, this Hon'ble Court be pleased to direct Respondent No. 1 and 2 to formulate and implement an Arrest Insurance Scheme for every arrest made to provide compensation to those prisoners against whom the Ingale

28.pil-18-25.odt prosecution fails to prove the charge;

c) This Hon'ble Court be pleased to direct Respondent No. 1 and Respondent No. 3 to take steps for effective implementation of the Support to Poor Prisoners Scheme including creating awareness about it through social campaigns, advertisements etc. d) Any other relief this court deems fit."

2.

This Court by an order dated 16/04/2025 had requested Dr.Milind Sathe, learned Senior Counsel to assist this Court as Amicus. Learned Amicus has addressed us and has given a written note of submissions. After learned Amicus concluded his submissions, Mr. Shirsat who had filed the writ petition seeks leave of this Court to withdraw the writ petition with liberty to file a writ petition under Article 32 of the Constitution of India before the Supreme Court. 3.

Before parting, we place on record our appreciation for the able assistance offered by Dr. Milind Sathe.

4.

Accordingly, the writ petition is dismissed as withdrawn with liberty as prayed for.

(M.S.KARNIK, J.) (CHIEF JUSTICE) Ingale