Anjale Patel vs. Union Of India

ITEM NO.51 COURT NO.3 SECTION PIL-W

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

WRIT PETITION(S)(CRIMINAL) NO.167/2023

ANJALE PATEL & ORS. PETITIONER(S)

VERSUS

UNION OF INDIA & ORS. RESPONDENT(S)

(FOR ADMISSION)

Date : 21-04-2023 This petition was called on for hearing today.

CORAM : HON'BLE MR. JUSTICE K.M. JOSEPH HON'BLE MRS. JUSTICE B.V. NAGARATHNA

For Petitioner(s) Mr. Satya Mitra, Adv. Mr. Vishal Thakre, Adv. Mr. Sunil Kumar Singh, Adv. Mr. Gopal Singh, Adv. Mr. Sanjeev Malhotra, AOR

For Respondent(s)

UPON hearing the counsel the Court made the following O R D E R The reliefs sought for in the writ petition filed by the petitioners under Article 32 of the Constitution, inter alia, are as follows:-

a) Issue a Writ Petition under Article 32 of the Constitution of India for issuing Writ, Order or Direction in the nature of Mandamus or any other Writ to Direct to respondent Authorities to initiate appropriate proceedings in the nature of FIR or any such other proceedings against the private respondents.

b) This Hon'ble Court may pass the directions/guidelines to stop such statements to protect the dignity of weaker section of the Society.

The case of the petitioners appears to be that certain remarks have been made by a leader of a political party and also a General

Secretary of said political party which tends to show women in poor light on the basis that the views expressed by him relate to the manner in which a woman should dress herself.

As far as prayer No.(a) is concerned, when we asked the learned counsel for the petitioners as to which is the offence for which the Court can direct an FIR to be registered, Section 500 of the Indian Penal Code is pointed out. But then we notice Section 199 of the Code of Criminal Procedure, 1973 under which in regard to an offence under Section 500 of the IPC, cognizance can be taken only on the basis of the complaint of an aggrieved party. Therefore, it is not an offence with reference to which this Court can possibly consider directing an FIR to be lodged by the police.

As far as the prayer-(b) is concerned, namely, to frame guidelines in regard to this subject matter, we do not think that it is a fit subject where this Court can consider issuing general guidelines regulating expression of views in regard to the manner in which women should dress. We must not be taken to have in any way subscribed to the views which are referred in the writ petition. All that we are saying is that this petition filed under Article 32 of the Constitution may not be an appropriate remedy in the circumstances.

Accordingly, the writ petition will stand dismissed. This will be without prejudice to all rights available in law to the petitioners or any other aggrieved party.

Pending application(s), if any, stand disposed of.

(JAGDISH KUMAR) (RENU KAPOOR)

COURT MASTER (SH) ASSISTANT REGISTRAR

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