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july 2007

Supreme Court of India · 2007-07-18

Aleque Padamsee and Ors vs Union of India and Ors

Citation / case number
SC 2003/60979
Court
Supreme Court of India
Petitioner
Aleque Padamsee and Ors
Respondent
Union of India and Ors
Author
ARIJIT PASAYAT
Bench
D.K. JAIN DR. ARIJIT PASAYAT P.K. BALASUBRAMANYAN

Judgment text excerpt

The Supreme Court held that under Article 32 of the Constitution, the police are mandated to register an FIR when a cognizable offence is disclosed, as established in Ramesh Kumari v. State (NCT of Delhi) (AIR 2006 SC 1322). The Court directed the authorities to register the FIRs concerning inflammatory speeches that could disturb communal harmony, emphasizing that inaction by police officials is unjustified. The Court rejected the argument that the petition under Article 32 was not a proper remedy, affirming the petitioners' right to seek judicial intervention in cases of police inaction.

Aleque Padamsee and Ors vs Union of India and Ors · Niyam