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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Sujit Narayan Prasad, Rajesh Kumar
Somnath Chatterjee – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. petition filed under article 226 for pil. (Para 1) |
| 2. summary of prior cases and investigations. (Para 2 , 3 , 4 , 5 , 6 , 7) |
| 3. details of further complaints and investigations. (Para 8 , 9 , 10 , 12 , 13 , 14) |
| 4. previous cases highlighted inadequate responses to allegations. (Para 11) |
| 5. allegations of disproportionate assets. (Para 18 , 19 , 21) |
| 6. status of investigations clarified. (Para 22 , 23 , 24 , 25 , 26) |
| 7. current petition seeks sit investigation. (Para 27 , 28 , 29) |
| 8. arguments on maintainability of the pil. (Para 32 , 34 , 50 , 51) |
| 9. court's analysis on petition maintainability. (Para 56 , 57 , 58) |
| 10. allegations not directed against a party in the current petition. (Para 60) |
| 11. reiteration of prior court's conclusions. (Para 68 , 69 , 70 , 72) |
| 12. court dismisses the current pil. (Para 74) |
JUDGMENT :
Sujit Narayan Prasad, J.
Prayer
1. The writ petition has been filed under Article 226 of the Constitution of India in the nature of Public Interest Litigation seeking therein following reliefs :-
a. Issue a writ, order or direction constituting a Special Investigation Team (SIT) headed by a retired judge of this Hon’ble Court and comprising of a Superintendent o
Public Interest Litigation requires genuine public interest and appropriate standing; repeated petitions without addressing prior judicial concerns are not maintainable.
(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.
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.
Public Interest Litigation must meet strict bona fides and credential requirements to prevent misuse for personal gain.
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....
Public Interest Litigations must demonstrate genuine public interest, and allegations must be substantiated with relevant evidence; vague and unsupported claims cannot warrant judicial intervention.
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