HINDUSTANI ANDOLAN & ORS. versus STATE OF PUNJAB & ORS.

HINDUSTANI ANDOLAN & ORS. versus STATE OF PUNJAB & ORS.

Courts cannot issue a general writ of mandamus directing the police to enter places of worship whenever criminals take shelter therein; such matters must be left to executive policy based on prevailing circumstances.

Parties
Petitioner: Hindustan Andolan & Ors.; Respondent: State of Punjab & Ors.
Jurisdiction
India
Judgment Date
24 November 1983
Procedural Posture
Writ Petition (criminal) / Supreme Court Original Jurisdiction
Outcome
Petition dismissed
Legal Topics
Writ of Mandamus, Police Powers, Law and Order, Places of Worship
Constitutional Law Criminal Law Writ of Mandamus Police Powers Law and Order Places of Worship

Case Brief

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Parties

Hindustan Andolan & Ors.

Petitioner

State of Punjab & Ors.

Respondent

Procedural Posture

Writ Petition (criminal) / Supreme Court Original Jurisdiction

Legal Issues

  1. 1 Whether the Court can issue a general writ of mandamus directing police to enter places of worship when criminals are suspected to be hiding therein.

Ratio Decidendi

Courts cannot issue a general writ of mandamus directing the police to enter places of worship whenever criminals take shelter therein; such matters must be left to executive policy based on prevailing circumstances.

Court Disposition

Petition dismissed

Orders

  • Petition filed by two public-spirited organisations is dismissed.