The petition came up for hearing before Justice R S Gavai on February 1 when government pleader asked for time to file the reply. Accordingly, the matter was adjourned till February 8 to enable the government to file the response.
The Assistant Charity Commissioner, on October 22 last year, had rejected the proposal of petitioner Raees Ahmed to register an organisation as 'Shaheed Karkare Educational and Welfare Society' to promote social and educational causes.
The Assistant Charity Commissioner had asked the petitioner to obtain an NOC from the family of Karkare to set up an organisation in the memory of the slain IPS officer.
Karkare and two other officers, Ashok Kamte and Vijay Salaskar, were killed in the firing by Pakistani terrorists Ajmal Kasab and Abu Ismael during the terror strike of November 26, 2008 in Mumbai. While Kasab was tried in India and hanged recently, the other terrorist was killed in police firing.
The petitioner contended that the impugned order passed by the assistant charity commissioner was contrary to law, principles of natural justice and good conscience, and should be quashed and set aside.
He contended that Charity Commissioner's Office, on getting such proposal, should have initiated an inquiry in respect of the applicant and the proposal to set up the social organisation.
But instead of doing so to get himself satisfied that it was for a good cause, the officer concerned rejected the proposal on the ground that NOC had not been obtained from Karkare's family, the petitioner argued.
Karkare was a martyr and in case of illustrious sons of nation it was not necessary to seek NOC from their legal heirs while highlighting their services by carrying out public oriented schemes in their names. In the circumstances, the impugned order was not sustainable in law, the petition said.