How To File Writ Petition Against Police Inaction

One of the primary principles of the rule of law in the framework of democracy is the just and impartial execution of the law by the law enforcement organizations. Individuals may, however, occasionally find one another in disagreement with the system, particularly when they believe the police are not acting appropriately in solving their grievances. One legal choice available for individuals in such circumstances is to file a writ petition against police inaction.

What is Police Inaction?

• Serving humanity by preventing crime, preserving and defending human rights, looking into and identifying crimes, starting criminal investigations, calming down public unrest, handling big and small crises, and helping those in need is the primary duty of police officers. 
• However, it is frequently noted that while on the job, police officers fail to perform their duties in a proper manner, either for official or personal gain.
• There are plenty of possible triggers for this inaction, such as shortages of resources, corruption, or negligence. Whatever the reason, it can have catastrophic effects, eroding the public’s trust in the legal system and maintaining an atmosphere of impunity.

What is the Writ of Mandamus?

• The word “mandamus” literally means “we command.” A writ of mandamus is a formal court order that mandates that a public official, government official, or lower court fulfil a particular legal obligation. 
• A writ of mandamus can be requested from the Supreme Court or High Court by anyone who feels that a person, business, government, or lower court has violated their right to perform a public duty and wants to force that party to comply. 
• This remedy is available to make sure that public servants or entities abide by the law.

Writ Petition against Police Inaction: Grounds to File

In India, one may file a writ petition against police inaction on the following grounds:

• A public official or government official’s failure to file a writ petition in service of the interests of the public, or their unconstitutional actions; or 
• The respondent’s failure to comply with the requirements of filing a writ petition in service of the public interest.
• When a respondent engages in illegal activity or is unable to file a writ petition against police inaction, the petitioner, or the person making the request, is the one whose legal rights are being violated.
• The writ of mandamus is the only option available to the petitioner of a writ petition once they have exhausted all other channels for defending their legal rights by means of the filing of a writ petition against police inaction.

Writ Petition against Police Inaction: Procedure Involved

The procedure involved in filing the writ petition against police inaction is as follows:

• To begin with, the person who feels wronged must visit a designated organization with the required paperwork, which includes, among other things, pictures, identification proof, and proof of residency.
• The writ petition against police inaction then needs to be drafted with legal assistance. The document includes the name, address, and circumstances that led to the harmed party’s rights being violated.
• This process entails mailing the court the draft of the petition, after which it will schedule a hearing, accept the writ petition against police inaction, and notify the other party.
• Next, a date is chosen to ensure that both parties will be present.
• After hearing from both sides in the matter of police inaction, the court ultimately renders a decision and provides the required relief.

Writ Petition against Police Inaction: Important Cases

• In the case of  Prabhat kumar Chattopadhay v State of West Bengal (2014), It specifies that when a petitioner complains about police inaction, a petition under Article 226 of the Constitution may be maintained.
• In the case of R. Binu v M. K. Kuruvila (2013), it says that the person requesting the writ might have filed a private complaint with the relevant magistrate, requesting that the Code of Criminal Procedure be followed. This suggests that a writ petition may be used to challenge the police’s inaction. 

Writ Petition against Police Inaction: Template

The writ petition against police inaction template is provided below:

The principal objectives of the writ of mandamus are the enforcement of legal mandates and the imposition of accountability on public servants and officials. It provides a legal defense for people and organizations to stand up for their legal rights and oppose wrong doing or inaction on the part of the government.

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