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2025 Supreme(Jhk) 1228

IN THE HIGH COURT OF JHARKHAND AT RANCHI 
M.S. RAMACHANDRA RAO, C.J., RAJESH SHANKAR, J.
Arun Kumar, S/o. Late Narain Pandit - Petitioner
Versus
The Union of India & Ors. - Respondents
W.P.(PIL) No.6977 of 2023
Decided On : 05-06-2025

Advocates Appeared:
For the Petitioner: Mr. Rajeev Kumar, Mrs. Niteshwari Kumari.
For the State of Jharkhand : Mr. Sanket Kumar, AC to AAG-V.
For the State of Bihar : Mr. Divakar Upadhyay, AC to GA.

Public Interest Litigations must demonstrate genuine public interest, and allegations must be substantiated with relevant evidence; vague and unsupported claims cannot warrant judicial intervention.

Headnote:(A) Indian Penal Code - Sections 167, 168, 468, 471, 474, 109, 116, 119, 120

(B); Prevention of Corruption Act, 1988 - Section 13(2); PMLA, 2005 - Public Interest Litigation - Petition dismissed as court found allegations unsubstantiated and vague, insufficient to warrant investigation, highlighting the necessity of genuine public interest in PILs. (Paras 1-20)

(B) Public Interest Litigation - Courts must ensure genuine public interest is involved, discouraging petitions with oblique motives, verifying credentials of the petitioner, and maintaining the purity and sanctity of the PIL process. (Paras 8-9)

Facts of the case:
The petition was filed seeking investigation against several accused in a forgery case involving the purchase of a fake degree, alleging inaction due to influential positions held by the respondents.

Findings of Court:
The court dismissed the PIL, affirming that the petitioner's claims lacked necessary supporting details and were vague, thus abusing the court process.

Issues: Examination of whether there is substantial public interest and the adequacy of evidence for the claims made.

Ratio Decidendi: The court emphasized that mere filing of FIRs does not justify a PIL if the petitioner cannot present prima facie evidence supporting their claims.

Result: Petition dismissed.

Table of Content
1. investigation requests based on serious allegations. (Para 1 , 2 , 3 , 4)
2. opposition claims pil is not genuine. (Para 5 , 7)
3. court's duty to verify public interest and ensure credibility. (Para 6 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19)
4. pil dismissed due to vagueness and delay. (Para 20)

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 officers from performing their duties and responsibility in their respective departments, as under the garb of the post of Police Officers, they are indulging in illegal business & these tainted officers are having hands in glove with tainted ministers of Jharkhand & they are protecting their mutual interest.

(iv) For issuance of direction upon the respondent no. 4 to submit the investigation report before this Hon’ble Court, as there is an ECIR registered by E.D. against the respondent no.14-Priya Dubey, I.P.S. & her husband under PML ACT 2005, and the investigation has not been completed till date.

2. The learned counsel for the petitioner submits that the petitioner is a social activist and he has no personal interest, either directly or, indirectly. It is submitted that respondent no.13 who at the time of filing of the present writ petition was holding the post of Director General, (CID) is involved in number of cases, but surprisingly all the cases never attended their logical end due to his influence. It is further submitted that respondent no.13 managed to get degree of M.A. in ‘History’ from Magadh University, Bihar for his wife namely Sikha Gupta without her appearing in the examination and to that effect an F.I.R being Magadh University P.S. Case No. 64/2000 was registered on 17.10.2000. In the said case, various persons faced criminal prosecution except respondent no.13 and his wife- Sikha Gupta as respondent no.13, being a influential person managed the case and no sanction for prosecution was given against them. Respondent no.13 opted Jharkhand Cadre at the time of reorganization of the erstwhile State of Bihar and he kept the said matter lingering due to his management skills.

3. It is pleaded in the writ petition that in the year 2016, respondent no.13 was found managing the election process in Rajya Sabha Election of 2016 and as per the direction of the Election Commission of India, an FIR was Lodged against him in Jagarnnathpur Police Station which is also pending investigation. Hence, the State of Bihar, State of Jharkhand and the Ministry of Home, Govt. of India must initiate appropriate legal action against Respondent no.13, so as to impart justice to the residents of the State of Jharkhand.

4. It is further submitted that respondent no.14 and respondent no.15- wife and husband are IPS Officers and have accumulated huge wealth from unknown sources for which an FIR was registered by the Central Bureau of Investig

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