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2009 Supreme(Bom) 1223

SWATANTER KUMAR, S.C.DHARMADHIKARI
Shailesh Gandhi – Appellant
Versus
State of Maharashtra through its Chief Secretary having his office at Mantralaya – Respondent


Advocates appeared:
For the Petitioners: Shailesh Gandhi, Present in person.
For the Respondents:R.M. Kadam, Advocate General a/w S.R. Borulkar, Public Prosecutor and N.P. Pandit, Assistant Government Pleader, Shekhar Naphade a/w G.D. Utangale i/b Utangale & Co., Advocates for Slum Rehabilitation Authority, J.K. Mistry, Amicus Curiae a/w Uday P. Warunjikar, Assistant go Amicus Curiae.

Judgment :-

Swatanter Kumar, C.J.


The Petitioner in Public Interest Litigation No.156 of 2006, a full time Right to Information Activist and the Convenor of the National Campaign for People’s Right to Information, has filed the above Public Interest Litigation in this Court averring that a major fraud is being perpetrated on the citizens, the slum dwellers and the State by hijacking a welfare scheme to benefit a few at the cost of the public at large. According to him, number of reports had appeared in the media in this regard. In the case of Arun Ramavlal Pathak v M/s Siddhivanayak Construction Co. and others, Misc. Application No.76 of 2005, the Court of Special Judge, Mumbai had directed a complaint received in such matters to be sent for investigation under Section 156(3) of the Criminal Procedure Code. Similar directions were also passed by the Court of competent jurisdiction in the case of Himmat Fulchand Chauhan v Shri P.D. Nikumbh and others, Misc. Application No. 112 of 2006. To pursue the matter and to know the stage of progress, the Petitioner claims to have filed applications to the Public Information Officer of Anti Corruption Bureau to provide the details of investigat




















































































































































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