IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SHREE CHANDRASHEKHAR, GAUTAM A.ANKHAD
Nanasaheb Vasantrao Jadhav – Appellant
Versus
State of Maharashtra – Respondent
| Table of Content |
|---|
| 1. petitioner seeks criminal case registration. (Para 1 , 2 , 3 , 4) |
| 2. arguments regarding lack of prior remedies. (Para 5 , 9) |
| 3. public interest litigation must genuinely serve public interest. (Para 6 , 10 , 11 , 12) |
| 4. cbi investigation power exercised in exceptional cases. (Para 7) |
| 5. pil dismissed as not maintainable. (Para 13 , 14) |
JUDGMENT :
SHREE CHANDRASHEKHAR, CJ.
1. The petitioner seeks a direction to the respondent-authorities for registration of a criminal case and investigation by the Central Bureau of Investigation (in short, “CBI”) against certain individuals.
2. The petitioner states that he filed Public Interest Litigation (St) No. 8716 of 2011 (in short, “PIL-I”) and challenged the amendments made in the Bombay Tenancy and Agricultural Lands (Amendment) Act, 2005 (in short, “BTAL Act”). The amendments made in the BTAL Act were not in public interest and affected the valuable rights of the farmers. However, PIL-I was not placed before the Court for hearing because the learned counsel for the petitioner did not remove the objections. He filed another PIL vide Public Interest Litigation No. 109 of 2013 (in short, “PIL-II”) in which he filed an app
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Public interest litigation must serve a genuine public cause; courts should not direct CBI investigations unless grave public interest and no alternative remedies exist.
Public interest litigations must be genuine and not motivated by personal agendas; previous judgments on similar issues bind the parties, barring new petitions.
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