Full Judgment Text
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PETITIONER:
HINDUSTANI ANDOLAN & ORS.
Vs.
RESPONDENT:
STATE OF PUNJAB & ORS.
DATE OF JUDGMENT24/11/1983
BENCH:
CHANDRACHUD, Y.V. ((CJ)
BENCH:
CHANDRACHUD, Y.V. ((CJ)
SEN, AMARENDRA NATH (J)
THAKKAR, M.P. (J)
CITATION:
1984 AIR 582 1984 SCR (1) 902
1984 SCC (1) 204 1983 SCALE (2)855
ACT:
Writ jurisdiction of Court-Court cannot issue a general
writ of mandamus that whenever a criminal is suspected to
have taken shelter in a place of worship, the police must
enter that place.
HEADNOTE:
HELD: It is the executive which has to take a policy
decision as regards the steps to be taken in a given
situation, after taking into account the demands of the
prevailing situation. It is not that the police should be
silent spectators to wanton destruction of life; but the
Court cannot commend that the police must enter places of
worship forcibly. [902 H; 903 A]
JUDGMENT:
ORIGINAL JURISDICTION: Writ Petition (Crl.) No. 2989 of
1983.
(Under article 32 of the Constitution)
R.L. Panjwani, Manoj Saxena and R.D. Upadhaya for the
petitioners.
The Order of the Court was delivered by
CHANDRACHUD, C.J, The question raised in this petition
is whether the Government can ask the police not to enter a
place of worship, even if criminals are reported to be
hiding or harboured therein. It is impossible and
undesirable for any Court to issue a general writ of
Mandamus to the effect that whenever a criminal is suspected
to have taken shelter in a place of worship, the police must
enter that place, regardless of the overall situation of law
and order. Speaking generally, Courts cannot enforce law and
order by issuing general directions without reference to
specific instances. The Government has to assess, in the
context of the prevailing conditions, the impact of the
steps taken to enforce law and order. And, it is the
executive which has to take a policy decision as regards the
steps to be taken in a given situation, after
903
taking into account the demands of the prevailing situation.
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We do not commend or suggest that the police should be
silent spectators to wanton destruction of life but we
cannot, as men of some little experience of law and life,
commend that the police must enter places of worship
forcibly. While enforcing law and order, the executive
cannot be oblivious of the possibility that while solving
one problem of law and order, others more acute than the one
sought to be solved may arise. That is always a valid and
relevant consideration.
With these observations, we dismiss this petition filed
by two public-spirited organisations through their
courageous convenor and secretary respectively.
M.L.C. Petition dismissed.
904