What is the point in passing an order which cannot be implemented?: Bombay High Court on no home minister in state

The HC was hearing a an application filed by advocate Amritpalsingh Khalsa.

Staff ReporterUpdated: Friday, August 05, 2022, 09:33 PM IST
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Bombay HC | PTI

The Bombay high court noted on Friday that there was no home minister while hearing an application by an advocate seeking that the home minister be directed to hear his appeal against order of the Commissioner of Police, Thane, rejecting his fire-arm license.

A division bench of Justices Revati Mohite-Dere and Sharmila Deshmukh, said in a lighter vein: “What is the point in passing an order which cannot be implemented? There has to be a minister.”

The HC was hearing a an application filed by advocate Amritpalsingh Khalsa.

After the judge’s light-hearted remarks, Khalsa said that the rights of citizens cannot be kept in limbo.

When the court was adjourning the plea, Khalsa pointed out that there are news reports that an oath ceremony for the cabinet expansion is scheduled in the evening and ministers will take oath.

However, additional prosecutor informed the HC that the oath ceremony was cancelled.

In January 2020, Khalsa had made an application before the Thane CP, who is also the licensing authority under the Arms Act,1959. However, his application was not decided and kept pending for 407 days from the date of filing of his application till the filing of the petition.

Khalsa, filed a petition in the HC in February 2021 stating that as he “handles sensitive matters, there are chances that some unsuccessful clients may harm him”.

The HC, in May 2021, directed Khalsa to submit his application in the new format. Thane CP was then asked to decide on his application within 6 weeks and also give him an opportunity of hearing.

As Thane CP rejected his application on June 17, 2021, Khalsa filed another petition in the HC in October 2021.

On March 15, 2022, the HC disposed of Khalsa’s petition observing that he has alternate remedy to file an appeal (before the home minister against the CP’s order), if he desires. The HC had said: “The appellate authority (minister) shall endeavour to decide the proposed appeal of the petitioner as expeditiously as possible.”

The HC has kept the application for hearing after two weeks.

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