Justice Lalitha Kanneganti of Telangana High Court had observed that the State police ‘have no respect to the orders passed by the honorable Apex Court and this High Court’.
The judge made this observation while passing an interim direction in a batch of writ petitions filed by Zarda and Pan Masala manufacturers stating that Telangana police were registering cases against them in violation of the stay orders issued by the Supreme Court. Telangana government on this January 7 issued a notification prohibiting manufacture, storage, distribution, transportation and sale of Gutka/Pan Masala containing tobacco and nicotine as ingredients.
A trader moved the Supreme Court by filing a Special Leave Petition challenging the notification. The Apex Court on this March 31 stayed that notification. This trader and some others, through writ petitions in Telangana HC, stated that despite the Supreme Court orders, Telangana police had been registering cases against them.
“There is a clear inaction and latches” on the part of police in enforcing the Supreme Court orders, the judge said. The police had conveniently not taken any steps in implementing the Apex Court instructions. “...and in a way, they kept quiet and keep on registering the cases and interfering with the business contrary to the orders passed by the Apex Court”, Justice Lalitha Kanneganti said in the interim direction.
The judge said it was the duty of the Home Secretary and the DGP to sensitise their officers when the Supreme Court suspends a notification issued by the State government. “This court is not able to appreciate the contention of the assistant government pleader for Home that each and every officer has to be sensitized about this and till such time, they keep on registering cases...”, the judge noted.
Justice Lalitha Kanneganti instructed the DGP to issue a circular to all officers concerned about the directions of the Apex Court and the High Court in the matter. The judge directed the DGP to place the circular before the bench by Wednesday. Otherwise, the DGP should appear before the court, the judge said.
The government counsel should furnish details as to where all the stocks of the seized material were deposited, the judge said. The matter would be heard on Wednesday.
