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Tuesday, October 26, 2021

Plea challenges Civil Defence Act provisions, Delhi HC issues notice

The petition challenges the constitutional validity of Section 6(2), which allows such discharge, and Section 14(1) of the Civil Defence Act, 1968, which bars any judicial review of the action.

By: Express News Service | New Delhi |
October 4, 2021 8:11:50 pm
However, the court said that the rights have to be balanced and asked the government to reconsider the decision. (File)

The Delhi High Court on Monday issued a notice to the Centre and Delhi government on a petition challenging the provision of the Civil Defence Act which allows the Controller of Civil Defence Corps to discharge any member without assigning any reason.

The division bench of Chief Justice D N Patel and Justice Jyoti Singh, while granting time to the respondents to file the response, listed the case for hearing on November 29. The petition challenges the constitutional validity of Section 6(2), which allows such discharge, and Section 14(1) of the Civil Defence Act, 1968, which bars any judicial review of the action.

The petition filed by Farukh Khan, who was discharged in March 2020 from the membership, argues that the provisions are arbitrary and violative of Article 14 of the Constitution. “The provision gives too wide and unchecked power to the Controller. Section 6 (2) empowers the Controller to adopt pick and choose policy in discharging any member from the Corps,” it reads.

Khan has also argued that judicial review is a fundamental aspect of the basic structure of the Constitution and bar to the jurisdiction of courts under Section 14(1) of the Act is unsustainable.

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