2007(5) Supreme 442
Supreme Court of India
C.K. Thakker & Altamas Kabir, JJ.
National Council for Civil Liberties — Petitioner
Versus
Union of India & Ors. — Respondents
Writ Petition (civil) 69 of 2006
Decided on : 10-07-2007
(2005) 1 SCC 590 – Relied upon.
Constitution of India–Article 32–PIL–Although, the writ petitioner has attempted to show that the writ petition had been filed for the benefit of the people of the States of Gujarat, Madhya Pradesh and Rajasthan, the facts as sought to be projected clearly indicate that the writ petition has been filed out of grudge harboured by the petitioner against respondent no. 5 – None of the allegations have any evidentiary value as they are unsupported by any evidence as such – In fact, the writ petition appears to have been filed as a fishing exercise to try and procure evidence against the respondents – On the other hand, the respondent No.5 appears to be genuinely concerned with the rehabilitation of the tribals and the other inhabitants of the submerged areas in keeping with the decision of the Supreme Court that the rehabilitation programme should be completed before submergence of the areas which were inhabited by them – As no other individual has been impleaded as petitioner, this PIL appears to be a ‘private interest litigation’ to discredit and diffuse the agitation undertaken by the respondent No.5 for rehabilitation of the displaced persons – No case made out for a direction to CBI to investigate into the said allegations. (Para 33 to 36)
(1985) 3 SCC 545; (1990) 1 SCC 520; AIR 1991 SC 420; (2004) 3 SCC 363; JT 1994 (6) SC 60 – Referred to.
Facts of the case:
In this writ petition, prayers have been made for following reliefs:
To investigate into the routing of foreign funds into the activities of the respondent Nos. 4, 5 and 6 of its subordinate and supportive organizations that have been referred to in this petition and that may be revealed during the course of such investigation and its utilization for purposes that are found to be seditious in nature and for purposes that are against national interest and are directed against smooth implementation of projects of national importance;
Placing before the Supreme Court the status report on pending prosecutions lodged against the respondent Nos. 4, 5 and 6 and their activists along with that of the support groups and organizations; etc.
The prayers indicate that the writ petitioner is basically concerned with the alleged acquisition and supply of arms, explosives, detonators, gelatin sticks and bullets by the respondent Nos. 4, 5 and 6 and their support groups naxalite organizations. Further allegations have been made with regard to supply and free usage of arms and explosives with a view to obstructing the progress of projects of national importance.
Findings of the Court:
This PIL appears to be a ‘private interest litigation’ to discredit and diffuse the agitation undertaken by the respondent No.5 for rehabilitation of the displaced persons.
No case made out for a direction to CBI to investigate into the said allegations.
Result : Writ petition dismissed with cost.
judgment
ALTAMAS KABIR, J. —
This writ petition has been filed by the National Council for Civil Liberties through its President, Shri V.K. Saxena, against the Union of India, State of Gujarat, State of Madhya Pradesh, Smt. Medha Patkar, Narmada Bachao Andolan, Shri Rahul Banerjee and the Director of the Central Bureau of Investigation, inter alia, for enforcement of the petitioner’s fundamental rights under Articles 14 and 21 of the Constitution perpetually on account of arbitrary inaction of the respondents and for protection of a better right to live of the inhabitants of Gujarat, Madhya Pradesh and Rajasthan. On the basis of the allegations made in the writ petition, the writ petitioner has prayed for the following reliefs :
(a)“Issue appropriate writ order of direction directing the respondent Nos. 1,2,3 and 7 to investigate into the routing of foreign funds into the activities of the respondent Nos. 4, 5 and 6 of its subordinate and supportive organizations that have been referred to in this petition and that may be revealed during the course of such investigation and its utilization for purposes that are found to be seditious in nature and for purposes that are against national interest and are directed against smooth implementation of projects of national importance and to report to this Hon’ble Court within such time as this Hon’ble Court may deem fit to prescribe;
(b)Issue appropriate writ order or direction directing the respondent Nos. 2 and 3 to place before this Hon’ble Court the status report on pending prosecutions lodged against the respondent Nos. 4, 5 and 6 and their activists along with that of the support groups and organizations as enumerated in this petition, and this Hon’ble Court be pleased to issue such appropriate directions upon receipt of such status report to ensure expeditious disposal of pending investigation and/or trials within such time period as may be found fit and appropriate by this Hon’ble Court;
(c)Issue appropriate writ order or direction directing respondent No.3 to place before this Hon’ble Court a specific action taken report in view of the vigilance report/ Devas police report after the Mehendikheda firing incident in the State of M.P. and to issue appropriate directions on receipt of such status report further directing such investigation to be conducted by the respondent No.7;
(d)Issue appropriate writ order or direction directing respondent No.7 to undertake detailed investigation into the affairs of the respondent Nos. 4,5, 6 and their support groups as enumerated in this petition and more particularly in respect of the activities in the nature of source, supply and acquisition of arms, explosives, detonators, gelatin sticks, bullets and connections with naxal organizations as well as supply and free usage of arms and explosives more particularly with a view to thwart the progress of projects of national importance by terrorizing government officials and locals, facts of which have come to be revealed in the final report submitted by SDO Bagli M.P. to Additional Sessions Judge, Bagli District: Devas;
(e)Issue appropriate writ order or direction directing the Central and State Government to evolve a proper mechanism for implementation a project of national importance where project developer be directed to provide all available information to the people of that particular area regarding cost of project, time schedule for implementation, why the project is being implemented, its likely impact on citizens (positive or negative), how the Govt. plans to compensate the citizens, who are likely to be displaced or adversely affected and benefits after the implementation etc. to curb the misinformation spread by vested interest. Such information should be freely and easily available to all.
(f)Any other direction which this Hon’ble Court may deem fit.”
2.The prayers indicate that the writ petitioner is basically concerned with the alleged acquisition and supply of arms, explosiv
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