1990 (9) TMI 358 - SC - Indian Laws

Summary

Issues:
1. Failure of Central Government to dispose of application for consent under Section 86 of CPC within a reasonable time.
2. Rejection of application for permission to sue the Consulate General of USSR on political grounds.
3. Interpretation of "political grounds" for refusal of consent under Section 86 of CPC.
4. Mandamus to command Central Government to reconsider the request for consent.

Analysis:

Issue 1:
The petitioners leased premises to the Consulate General of USSR, serving notice of non-extension before the lease expiry. Despite filing multiple writ petitions due to Central Government's delay in disposing of the application for consent under Section 86 of CPC, the Central Government rejected the application on political grounds.

Issue 2:
The rejection of the application for consent was challenged by the petitioners, citing precedents where the Central Government's consent was refused "on political grounds." The Court emphasized the need for clear reasons and objective evaluation by the Central Government when refusing consent, ensuring adherence to principles of natural justice and providing explicit reasons for the decision.

Issue 3:
The Court found the rejection of the application on "political grounds" in the present case vague and lacking clarity on the political considerations involved. Consequently, the Court quashed the rejection order and directed the Central Government to reconsider the request for consent, emphasizing the necessity of providing clear and intelligible reasons for the decision.

Issue 4:
While the Court suggested an amicable settlement, no progress was made in that direction. The Court directed the Central Government to reconsider the request for consent under Section 86(2)(c) of the Code promptly, preferably within three months from the judgment date, without imposing any costs on the petitioners.