PRAMOD KUMAR AND ANR. versus BIHAR VYAVASAYIK SANGHARSH MORCHA AND ORS.

Citation: [2007] 9 S.C.R. 322 · Decided: 24-08-2007 · Supreme Court of India · Bench: ARIJIT PASAYAT · Disposal: Disposed off
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Judgment (excerpt)

A 
PRAMOD KUMAR AND ANR. 
v. 
BIHAR VY AVASAYIK SANGHARSH MORCHA AND ORS. 
AUGUST 24, 2007 
B 
[DR.ARIJITPASAYAT ANDALTAMASKABIR,JJ.) 
Public Interest Litigation: 
Police Administration and Investigation of Crimes-Writ petition filed 
C before High Court--Se~king directions to stop criminal events and exploitat~on 
by police personnel-High Court giving directions with regard to transfer/ 
postings of police officials and monitoring of F!Rs-Appeal-Meanwhile, to 
give effect to directions of Supreme Court, Bihar Police Act, 2007 enacted-
Held, in view of directions of Supreme Court and as a result the provisions 
D made in Bihar Police Act on the subject, the directions of High Court are no 
longer relevant. 
A writ petition under public interest litigation was filed before the High 
Court for directions "to stop criminal events" and "exploitations" by officers 
and police personnel in the State of Bihar. It was stated that officials· in police 
E department continued at one particular station for long period which was 
undesirable. The Division Bench of the High Court by its judgment dated 
15.5.2006 gave directions, inter alia, with regard to transfer/ postings of 
police officials and monitoring the recording of First Information Reports 
with the help of National Informatic Centre. 
F 
The instant appeals were 'med contending that the directions given by 
the High Court were contrary to the provisions of the Bihar Police Manual. 
Meanwhile the Bihar Police Act, 2007 was enacted to give effect to the 
directions of the Supreme Court in Prakash Singh 's case* 
G 
Disposing of the appeals, the Court 
H 
HELD: In view of the directions of the Court in Prakash Singh 's case 
with regard to the tenure of IG Police and other officers, separation of 
Investigation, creation of Police Establishment Board and as a result, 
322 
• 
PRAMOD KUMAR v. BIHAR VY A VASA YIK SANGHARSH MORCHA [PASA YAT,J.] 323 
enactment of the Bihar Police Act, 2007 providing for, inter alia, A 
superintendence and administration of police, functions of State Police Board, 
powers and responsibilities of Director General of Police, transfer and 
postings, creation and functioning of Special Crime Investigation Units etc., 
the directions of the High Court are no longer relevant. 
[Para 4 and 9) (325-D; 329-Hl B 
*Prakash Singh and Ors. v. Union of India and Ors., [2006) 8 SCC 1, 
referred to. 
CIVIL APPELLATE JURISDICTION : Civil Appeal Nos. 3886-3887 of 
2007. 
From the final Judgment and Order dated 14.08.2003 and 21.11.2003 of 
the High Court of Judicature at Patna in C. W.J.C. No. 1311 of 2003. 
Prabha Shanker Mishra, Upendra Singh Mishra, Dhruv Kumar Jkha, 
Ravi and S. Chandra Shekhar for the Appellants. 
Gopal Singh, Anukul Raj and Rituraj Biswas for the Respondents. 
The Judgment of the Court was delivered by 
DR. ARIJIT PASA Y AT, J. 1. Leave granted. 
2. Challenge in these appeals is to the order passed by a Division Bench 
of the Patna High Court giving certain directions in a Public Interest Litigation 
filed by the respondent no. I. The prayer in the writ petition was essentially 
to direct the officials "to stop criminal events against the shopkeepers, dealers, 
artisans and industrial and industrial units and labourers and industrial units 
and also to stop their exploitation by the officers and police personnel." 
3. The basic grievance was that officials in the police department were 
continued at one particular station for long period which is undesirable. The 
High Court disposed of the writ petition inter-alia with the following directions 
and observations: 
c 
D 
E 
F 
G 
(a) 
Let the Director General Police make out a list of officers from the 
station House Officer up to the Additional Director General of 
Police, of whose who have remained in their station for more than . 
four years. This dossier is to be supported with infonnation fram 
service record as to which officer throughout their career has H 
324 
A 
B 
c 
D 
E 
F 
G 
H 
SUPREME COURT REPORTS 
[2007] 9 S.C.R. 
remained at which station and for how long. Officers who have 
remained at one station for over four years must see a posting 
out within six weeks from today. These would be officers below 
the rank of Inspector General of Police. Staff below -the SHOs 
who have remained at a particular station beyond three years will 
be identified by the District heads of police concerned and their 
movement will be undertaken by the Director General of Police. 
It must be
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