MARKANDEY KATJU
Common Cause – Appellant
Versus
Union of India – Respondent
JUDGMENT
MARKANDEY KATJU, J. - 1. This writ petition under Article 32 of the Constitution furnishes a typical illustration of how public interest litigation which was conceived and created as a judicial tool by the Courts in this country for helping the poor, weaker and oppressed sections of society, who could not approach the Court due to their poverty, has over the years grown and grown, and now it seems to have gone totally out of control, and has become something so strange and bizarre that those who had created it probably would be shocked to know what it has become.
2. The petitioner is a society registered under the Societies Registration Act which claims to be engaged in espousing problems of general public importance.
3. In the present case, the petitioner has referred to the rising number of road accidents in the country which are taking place in cities, towns and on national highways causing deaths, injuries etc. The petitioner has referred to the defects in the licensing procedure, the training of drivers, and the need for suspending licences in case of negligent driving, and driving under the influence of alcohol, which cause accidents etc. He has also referred to th
1.AIR 1998 SC 190 : M.C.Mehta v. Union...7
3.2002 (I) OLR (SC) 697 : 2002 (4) SCC 578 :
5.1998 (7) SCC 507 : Rajdeo v. State of Bihar...12
7.1988 (2) SCC 602 : A.R.Antulay v. R.S.Nayak...13
11.(2003) 6 SCC 195 : AIR 2003 SC 2612 :
15.1992 Supp. (1) SCC 323 : AIR 1992 SC 96 :
16.(2004) 6 SCC 299 : JT 2004 Supp. (1) SC 326 :
18.(2002) 5 SCC 294 : AIR 2002 SC 2112 :
24.AIR 1991 SC 101 : D.T.C. v. D.T.C....37
26.AIR 1998 SC 889 : Vineet v. Union...39
4.1996 (I) OLR (SC) 584 : 1996 (4) SCC 33 :
6.1999 (II) OLR (SC) 512 : 1999 (7) SCC 604 :
10.AIR 1992 SC 96 : Union v. Deoki...25
14.(2005) 13 SCC 287 : AIR 2006 SC 767 :
17.(1989) 4 SCC 187 : Employees v. Union...28
21.1997 (6) SCC 312 : Institute v. Price...34
22.1996 (5) SCC 125 : Madhu v. State of Bihar...35
23.AIR 1986 SC 180 : Olga v. Bombay...37
25.AIR 1981 SC 746 : Francis v. Union...37
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