1988 (11) TMI 351 - SC - Indian Laws

Summary

Issues Involved:
1. Maintainability of the petition under Article 32 of the Constitution.
2. Alleged arbitrary and high-handed management of the Sawai Man Singh II Museum Trust.
3. Violation of fundamental rights under Article 21 and duties under Article 51A(f) of the Constitution.
4. Appropriateness of public interest litigation in this context.

Summary:

1. Maintainability of the Petition under Article 32:
The Supreme Court held that the petition under Article 32 of the Constitution was not maintainable. The Court observed that the facts did not indicate any breach of fundamental rights of the petitioners. The Court emphasized that the allegations were more appropriately addressed under sections 37 & 38 of the Rajasthan Public Trust Act, 1959, which correspond to Sections 91 & 92 of the Code of Civil Procedure.

2. Alleged Arbitrary and High-Handed Management:
The petitioners alleged that Lt. Col. Sawai Bhawani Singh managed the Sawai Man Singh II Museum Trust in an arbitrary and high-handed manner, including attempts to remove trustees and dispose of valuable properties. The Court noted that there were serious disputes among the heirs of the Jaipur Raj family regarding the trust's management, with ongoing litigations in different courts in Rajasthan.

3. Violation of Fundamental Rights under Article 21 and Duties under Article 51A(f):
The petitioners claimed that their right to life under Article 21, which includes cultural heritage, was infringed. They also cited Article 49 and Article 51A(f) of the Constitution. The Court acknowledged the expanded concept of Article 21 but found the allegations too vague and indirect to constitute a threat to life or heritage. The Court also noted the lack of evidence of any attempt to seek state intervention to protect the museum's assets.

4. Appropriateness of Public Interest Litigation:
The Court concluded that the petition did not qualify as public interest litigation (PIL). It was deemed a dispute between members of the erstwhile Raj family rather than a matter of public interest. The Court reiterated that PIL should be used to address gross violations of fundamental rights or basic human rights of the deprived and vulnerable sections of the community, not to settle private grievances.

Conclusion:
The Supreme Court dismissed the petition, stating that it was not a genuine public interest litigation and did not meet the criteria for invoking Article 32 of the Constitution. The Court emphasized the need for clear guidelines to prevent misuse of PIL for private disputes.