UPENDRA NATH DALAI vs UNION OF INDIA MINISTRY OF HOME AFFAIRS THROUGH JOINT SECRETARY (COORDINATION)

Judgment text excerpt

$~69 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 17119/2025 & CM APPL. 70420/2025 UPENDRA NATH DALAI .....Petitioner Through: Petitioner in person. versus UNION OF INDIA MINISTRY OF HOME AFFAIRS THROUGH JOINT SECRETARY (COORDINATION) .....Respondent Through: Mr. Chetan Sharma, ASG with Mr. Ankur Mittal, CGSC, Mr. Amit Gupta, Ms. Sucharu Garg and Ms. Rabaica Jaiswal, Mr. Shubham Sharma and Mr. Naman, Advs. Date of Decision: 12th November, 2025 CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE TUSHAR RAO GEDELA JUDGEMENT TUSHAR RAO GEDELA, J: (ORAL) 1. Present Public Interest Litigation has been filed under Article 226 of the Constitution of India seeking declaration of Sections 147 to 158 under Chapter VII titled as “Of offences against the State” and Sections 189 to 197 under Chapter XI titled as “Of offences against the Public Tranquility” of the Bharatiya Nyaya Sanhita, 2023 as unconstitutional. 2. At the outset, it is relevant to note that the petitioner in person had earlier filed a writ petition bearing W.P.(C) 9364/2025 in the nature of a PIL seeking Signature Not Verified Digitally Signed W.P.(C) 17119/2025 Page 1 of 4 By:YASHRAJ Signing Date:14.11.2025 17:29:21 identical prayers, though worded differently, which was dismissed by a Co- ordinate Bench of this Court vide order dated 09.07.2025. The same reads thus:- “1. Heard learned counsel for petitioner in person as well as, Mr. Chetan Sharma, learned ASG representing respondent. 2. Prayer made in the Writ Petition is as follows:- “(A) issue a notice/ direction (s)/order to the respondents to abolish the sections 147 to 158 with the title "of offence against the state" in the chapter VII of the BharatiyaNyay Sanhita 2023 in the constitution of India. (B) issue a notice/direction(s)/order to the respon