Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Constitution of India: Art. 32 – Public Interest Litigation – Misuse of PIL – Maintainability of PIL – Two writ petitions as Public Interest Litigations filed before the High Court by respondent No. 1, seeking direction to the Directorate General, Investigation Income Tax to enquire into the money transferred by the Chief Minister of Jharkhand’s Family in the name of private respondents through the shell companies and to investigate the source of income of private respondents and investigate financial crime committed by the Chief Minister – In second one, direction sought to prosecute the Chief Minister for misusing his office in getting a mining lease in his own name – High Court holding the PIL maintainable and deciding to proceed on its merits – Held: Allegations which had been made of money laundering and money being invested in shell companies are mere allegations – Prayer to Investigation Agencies without substantiating allegation to investigate, is abuse of process of court –Moreover, the locus of the petitioner is questionable and has not approached the Court with clean hands – No effort has been made by the respondent to approach the statutory authorities whereas the fundamental requirement for the issuance of a writ of mandamus is that the petitioner must have sought such a relief before the appropriate authority and only when it is denied the Court can be approached for a writ a mandamus – Non-disclosure of the credentials of the petitioner and the past efforts made for similar reliefs as it has been mandated under the PIL Rules 2010 discredits these petitions – There is no finding of the High Court that any further delay in this matter would have made the petition infructuous or redundant, which may have justified the relaxation of the Rules 4, 4A, 4B, 5 but to the contrary – High Court held that Rules 4, 4A, 4B and 5 are not mandatory but directory in nature in view of Rule 6-A – Thus, even though the Rules have not been followed that really will not come in the way of the Court to entertain a PIL, since the nature of allegations in the PIL was of a serious nature – Allegations made by the respondents are vague, generalized and not substantiated to be called an evidence – On generalized averments which are nothing but mere allegations at this stage, the Court cannot become a forum to investigate the alleged acts of misdeeds against high constitutional authorities – It was not proper for the High Court to entertain a PIL –Thus, the order passed by the High Court set aside – Jharkhand High Court (Public Interest Litigation) Rules, 2010 – rr. 4, 4-A, 4-B, 5. |
Judge | Hon'ble Mr. Justice Sudhanshu Dhulia |
Neutral Citation | 2022 INSC 1184 |
Petitioner | State Of Jharkhand |
Respondent | Shiv Shankar Sharma And Ors. |
SCR | [2022] 18 S.C.R. 1144 |
Judgement Date | 2022-11-07 |
Case Number | 8233 |
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