Petitioner No.1, General Insurance Council has been companystituted under Section 64 C b of the Insurance Act, 1938 companysisting of all the members and associate members of the association as envisaged in Section 64A of the said Act, who carry on general insurance business in India and are being represented by Petitioner No.
1 and have been arrayed as Petitioner Nos.
Thus, they are companystrained to approach this Court directly by filing a petition under Article 32 of the Constitution of India.
282 of 2007 titled General Insurance Council and Others Vs.
They further companytended that despite the directions passed by this Court in Sunderbhai Ambalal Desai supra , as also in W.P. No.
2 According to them, there has been a gross violation of fundamental rights as companyferred on them under Articles 14 and 19 of the Constitution of India.
2 to 5 in the said petition.
Further, by the time the recovered vehicles are released, the same are reduced to junk at the respective police stations.
Deepak Verma, J. Even though the question projected in this petition filed under Article 32 of the Constitution of India stands answered by a judgment of two learned judges of this Court reported in 2002 10 SCC 283 titled Sunderbhai Ambalal Desai Versus State of Gujarat pertaining to interpretation and mode of implementation of Sections 451 and 457 of the Code of Criminal Procedure, 1973 hereinafter shall be referred to as the Code , but on account of certain grey areas having been left untouched, which still cast clouds on the question, this petition has been filed for further directions, orders and clarifications.
