Police Using Sections Struckdown By Courts-Delhi High Court Directs Centre To Consider Updating Statute Books

The Delhi High Court on Wednesday directed the Central Government to consider as representation, a PIL seeking removal of such provisions from the statute, that have been declared unconstitutional by the Courts.

The plea filed by Advocate Anshul Bajaj also sought to make available to the Police Stations, the relevant amended criminal law books/bare acts and the Judgments of the Supreme Court and respective High Courts that would publicize their obligations and responsibilities.

It was the Petitioner's case that in the absence of updated bare acts and law books, the Police continues to impose such unconstitutional provisions on the citizens.

A Division Bench of Chief Justice DN Patel and Justice Amit Bansal directed the Centre to consider and decide the suggestions made in the petition as early as possible and practicable.

"There are several Criminal Law sections that were struck down by the Hon'ble Supreme Court but continued to be booked/use by the police officials," the plea averred.

It referred to a recent observation made by the Supreme Court, expressing shock at the practice of police registering FIRs under Section 66A of the Information Technology Act, which was struck down by it in the 2015 judgment in the Shreya Singhal case.

The plea also relied on an order of the Bombay High Court, calling upon the Station House Officer of the Vasmatnagar Police Station in Aurangabad jurisdiction to purchase 'latest bare acts' of various criminal laws to stock at the police station.

The plea averred that recently, the Supreme Court declared Section 377 of IPC criminalizing "unnatural sex" as unconstitutional in Navtej Singh Johar v. Union of India. Section 497 of IPC criminalizing "adultery" was also struck off in Joseph Shine v. Union of India. Hence, it was averred that it is essential to keep not only the lawyers but also the Police officers updated.

Case Title: Anshul Bajaj v. Union of India & Anr.