Back
RAJIV SHAKDHER, GIRISH KATHPALIA
Ashwini Kumar Upadhyay – Appellant
Versus
Union of India – Respondent
JUDGMENT
Girish Kathpalia, J. (Oral) - It would be apposite to commence by extracting the prayer clause of this Public Interest Litigation (PIL), which is as under:
"a) take appropriate steps to link movable and immovable property documents of citizens with their Aadhaar number to curb corruption, black money generation and benami transaction;
b) in the alternative, direct the Union of India and Government of NCT of Delhi to pass a reasoned order on the petitioner's representation dated 11.03.2019 within 30 days;
c) take such other steps as this Hon'ble Court deems fit and proper to control corruption and benami transaction;
d) allow the cost of this petition to petitioner."
2. The petitioner himself being a practicing advocate of this court has been prosecuting this petition in person. Originally, this writ petition was filed impleading only two parties, namely the Union of India and the Government of NCT of Delhi. Subsequently, before different coordinate benches, five more parties were added culminating into the amended memo of parties filed with index dated 19.04.2023. Counter-affidavit was filed on behalf of only the respondent no.3 namely Unique Identification Authority of India. T
The court's decision highlighted the principle that the exercise of linking Aadhaar cards with property transactions falls within the domain of policy making and is beyond the scope of judicial inter....
Public interest litigations must be genuine and not motivated by personal agendas; previous judgments on similar issues bind the parties, barring new petitions.
(1) Public Interest Litigations – What is of crucial significance in a Public Interest Litigation is bona fide of petitioner who files PIL – It is an extremely relevant consideration and must be exam....
Point of Law : Courts must do justice by promotion of good faith, and prevent law from crafty invasions. Courts must maintain the social balance by interfering where necessary for the sake of justice....
A non-public servant cannot be prosecuted under the Prevention of Corruption Act, and there must be clear evidence to establish a conspiracy or benami transactions.
Public Interest Litigations must be filed by individuals with clean hands and bona fide intentions; failure to disclose criminal antecedents can lead to dismissal.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
