Delhi High Court: Appointed Senior Advocate Siddharth Aggarwal as Amicus Curiae, need to streamline working conditions of Delhi Police Constables

The Delhi High Court in the case Babu Lal Mitharwal v. Union Of India observed and has appointed Senior Advocate Siddharth Aggarwal as amicus curiae in a case highlighting the issues which are faced by the Constables (Executive) of the Delhi Police who are being supposed to work long hours in a day as part of their normal policing and other duties. The division bench comprising of Justice Sanjeev Sachdeva and Justice Vikas Mahajan in the case observed and stated that some deeper examination is required to streamline the working conditions for the Constables (Executive) as well as for the requirements of the police force. The court stated that, this court appoint Mr. Siddharth Aggarwal, Senior Advocate assisted by Mr. Gautam Khazanchi, Advocate as Amicus Curiae to assist the Court in highlighting the issues which are faced and giving suggestions as to how the working conditions of the personnel who have to work long hours can be streamlined and improved. In the present case, the petition was filed in 2015, wherein challenging section 22 of the Police Act, 1861 and section 24 of the Delhi Police Act, 1978. However, it has been stated under section 21 that every police officer shall be considered to be always on duty and may at any time be employed in any part of the general police district. Further, it has been stated under section 24 that every police officer, who is not on leave or under suspension, shall be deemed to be always on duty. Adding to it, the court stated that any such officer, at any time, shall be employed on duty if the Commissioner of Police directs so. In the said case, the petitioner Babu Lal Mitharwal before the court argued that under the shield of the statutory provisions, police personnel are assigned duty of over 36 hours at a stretch which is “humanly impossible”. The court during the hearing on January 16, Advocate Gyanant Kumar Singh appearing for the petitioner submitted that certain suggestion should be given by him to the amicus curiae and prayed for time to file additional documents. It has also been directed by the bench to the Delhi Police to place on record an affidavit indicating the stage of process of filling up of unfilled vacancies of the constables, in terms of the minutes dated 10.07.2007. Thus, the court granted two weeks’ time to Singh. Therefore, it has also been directed by the court that the Central Government to file an affidavit indicating the stage of creation of such posts as per the minutes of meeting dated April 18, 2018. The court stated for filing the affidavit within four weeks. Accordingly, the court listed the matter to be next heard on March 2.

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