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HIGH COURT OF JHARKHAND
M.S.RAMACHANDRA RAO, RAJESH SHANKAR
Arun Kumar, S/o. Late Narain Pandit – Appellant
Versus
Union of India – Respondent
JUDGMENT :
Rajesh Shankar, J.
1. The present writ petition in the form of Public Interest Litigation has been preferred with following prayers: -
(i) For issuance of direction upon the respondents no. 3 & 4 to investigate the Magadh University P.S. Case No. 64 of 2000 dated 17.10.2000 registered u/s 167, 168, 468, 471, 474, 109, 116, 119, 120(B) 201 I.P.C. and 13(2) Prevention of Corruption Act 1988, whereby all the accused persons have been sent for trial except Respondent no.13 (I.P.S). and his wife Sikha Gupta for their act of forgery and purchasing fake degree of M.A. (History) on the basis of which she has become Lecturer in Magadh University, Bihar.
(ii) For issuance of direction upon the respondent no. 3 & 4 to investigate the accumulation of disproportionate assets by the respondent no.14- Priya Dubey, I.P.S., ADG, in Jharkhand Police & her husband, namely, Santosh Dubey, I.P.S. (the respondent no.15 herein), as the C.B.I. has already raided their premises and has lodged FIR on 10.07.13, but investigation could not progress because of their strong connection in Jharkhand political circle.
(iii) For issuance of direction upon the concerned respondents to immediately stop these of
Public Interest Litigations must demonstrate genuine public interest, and allegations must be substantiated with relevant evidence; vague and unsupported claims cannot warrant judicial intervention.
(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....
Public interest litigations must be genuine and not motivated by personal agendas; previous judgments on similar issues bind the parties, barring new petitions.
Public Interest Litigation requires genuine public interest and appropriate standing; repeated petitions without addressing prior judicial concerns are not maintainable.
Public Interest Litigation must meet strict bona fides and credential requirements to prevent misuse for personal gain.
The court emphasized the need for petitioners in public interest litigation to come with clean hands and be above suspicion, and laid down parameters to prevent misuse of public interest litigation.
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....
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