Challenges to Civil Defense Law provisions, Delhi High Court notice

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The Delhi High Court on Monday sent notices to the Central Government and the Delhi Government on a petition allowing the Controller of Civil Defense Force to release any member without any reason, challenging the provision of the Civil Defense Act.

A division bench of Chief Justice DN Patel and Justice Jyoti Singh adjourned the case till November 29, giving the respondents time to file their reply petitions. , And Section 14 (1) of the Civil Defense Act, 1968, which prohibits any judicial review of the action.

The petition, filed by Farooq Khan, who was discharged from membership in March 2020, argues that these provisions are arbitrary and violate Article 14 of the Constitution. “This regulation gives the controller a very broad and unequivocal power. Section 6 (2) empowers the Controller to select and select the policy for the expulsion of any member from the Corps.

Khan argued that judicial review was a fundamental feature of the constitutional framework and that it was unreasonable to restrict the jurisdiction of the courts under Section 14 (1) of the Act.



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