M Balan vs Union Of India & Ors.

NAVIN CHAWLA, J. (Oral)

This petition has been filed by the petitioner praying for the respondents to conduct an additional Court of Inquiry (COI) into the incident dated 09.12.2019, wherein the son of the petitioner unfortunately lost his life. The petitioner further prays for an appropriate action to be taken based on the additional COI that ought to be conducted by the respondents.

Having considered the nature of the prayer made and the allegations made in the petition, and without making any comment on the submissions of the learned counsel for the respondents on the territorial jurisdiction, we are of the opinion that the respondents should consider the present petition as a representation of the petitioner and pass a speaking order thereon within a period of 12 weeks from today, communicating its decision to the petitioner. In case, the petitioner is aggrieved by the said decision, it shall be open to the petitioner to challenge the same in accordance with law.

We make it clear that we have not expressed any opinion on the merits of the claim made by the petitioner and the same shall be considered by the competent authority independently in accordance with the law.

With the above observations and directions, the petition is disposed of.