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1985 Supreme(SC) 127

A.N.SEN, P.N.BHAGWATI, RANGANATH MISRA
State Of H. P. – Appellant
Versus
A Parent Of A Student Of Medical College, Simla – Respondent


Advocates:
A.K.CHAKRABORTY, A.K.GANGULY, K.PARASARAN ATTORNEY

Judgment

BHAGWATI. J.:- This appeal by special leave is directed against two orders made by a Division Bench of the High Court of Himachal Pradesh, one dated 24th July, 1984 and the other dated 18th September 1984, in so far as they direct the Chief Secretary to the Government Himachal Pradesh to file an affidavit setting out what action has been taken by the State Government towards implementation of the recommendation contained in paragraph 16 of the Report of the Anti-Ragging Committee. The impugned orders are in our opinion wholly unsustainable and ordinarily we would not have taken time to deliver a reasoned judgment and merely set aside the impugned orders with a brief observation, but we think it necessary to state in some detail our opinion in regard to the directions given in the impugned orders, because we find that this is one of those few cases which demonstrates what we have often said before, that public interest litigation is a weapon which has to be used with great care and circumspection and the judiciary has to be extremely careful to see that under the guise of redressing a public grievance it does not encroach upon the sphere reserved by the Constitution to the E











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