Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India 1950 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Disposed Off |
Headnote | Constitution of India, 1950:Articles 32, 14 and 19 - Public interest litigation - Petition under Article 32 by a non-governmental organization. Seeking direction to Union of India and other States to immediately ban mining and manufacturing activities in asbestos or its allied products - Held: Cannot be granted - There is no law banning the use of asbestos in various manufacturing processes despite its adverse effects on human health - Supreme Court cannot legislate and ban an activity .Under relevant laws - Every factory using or manufacturing asbestos, obtains a licence under the Factories Act as well as permission from the competent authorities including permission under the Environmental Laws - All the laws in force have been complied with and directions of this Court in the case on similar issue have been carried on .Reply affidavits by different States as well as Union of India to the effect that such activity was carried out in accordance with specified parameters and under' due supervision - ·More so, there is lack of specific data as also vague averments in the writ petition - Only few hundred workers were subjected to medical examination - Large number of families are dependent .upon such processes - Also, the writ petition is a result of business rivalry and has been filed by the petitioner again at the behest of other industries to ultimately cause material and business gains to that or such other companies. Thus, it lacks bonafide and is complete abuse of process of law - It has been filed as a proxy litigation for the purpose of achieving private interest and, thus, rejected - Certain directions issued - Public interest litigation. Article 32 - Public interest litigation - Maintainability of Held: Petitions which are bona fide and genuine, not motivated by extraneous considerations and in public interest alone, are entertained in this category - Litigant is under an obligation to disclose true facts and approach the Court with clean hands - Courts while exercising jurisdiction has to take great care that wide jurisdiction should not become a source of abuse of process of law by disgruntled litigant. |
Judge | Hon'ble Mr. Justice Swatanter Kumar |
Neutral Citation | 2011 INSC 60 |
Petitioner | Kalyaneshwari |
Respondent | Union Of India & Ors |
SCR | [2011] 1 S.C.R. 894 |
Judgement Date | 2011-01-21 |
Case Number | 260 |
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