BABU LAL MITHARWAL vs UNION OF INDIA

Judgment text excerpt

$~110 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7060/2015 BABU LAL MITHARWAL .....Petitioner Through: Mr. Gyanant Kumar Singh and Mr. Suraj Pratap, Advs,. versus UNION OF INDIA .....Respondent Through: Mr. Satya Ranjan Swain, CGSC with Mr. Ankush Kapoor and Mr. Vishwadeep, Advs. Mr. Gautam Khazanchi, Ms. Aditi Kukreja, Amicus Curie CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL) % 18.09.2025 C. HARI SHANKAR, J. 1. The prayer clause in this writ petition reads thus: “Therefore, in the above facts and circumstances of the case, it is most respectfully prayed that this Hon'ble Court may be pleased to: a) Issue a writ in nature of certiorified mandamus and quash Section 22 of the Police Act, 1861(No.5 of 1861) and section 24 of the Delhi Police Act, 1978 (No.34 of 1978), demanding arduous duty hours of 24 x 7, warranting excess working hours of more than 12 hours of duty, without any guidelines per day, from every police personnel, being ultra vires and being violative of Article 21 of the Constitution of India in the light of passage of time and change of lifestyle in terms of human livelihood; b) The issuance of writ of mandamus and any other appropriate writ or issuing directions to the respondent to Signature Not Verified frame guidelines for Delhi Police personnel's to draw an W.P.(C) 7060/2015 Digitally Signed By:AJIT Page 1 of 3 KUMAR Signing Date:19.09.2025 19:06:43 effective mechanism for fixing 8 hours duty hours and proper break after the long hours duty to maintain their efficiency and good physical and mental health. c) Pass such other writ or writs as this Hon'ble Court may deem fit and just, in the interests of justice. 2. Mr. Gyanant Kumar Singh, learned Counsel for the petitioner, concedes the fact