9911796707
TMI Blog2010 (10) TMI 1213X X X X Extracts X X X X X X X X Extracts X X X X ..... ith a prologue of this nature as the gradual undraping of the factual matrix would vividly so reveal. 2. The petitioner Paardarshita Public Welfare Foundation, a non-Governmental organization, represented by Mr. Harkrishan Das Nijhawan, the General Secretary has preferred this Public Interest Litigation with the following prayers: (i) To direct the respondents to initiate thorough investigation on this matter being a very serious issue and register F.I.R. against the indicted government official as well as the contractor, private agencies for bringing shame to our nation and large scale bungling in public fund (Government Money). (ii) Pass such other or further order as this Hon'ble Court may deem fit so these kind of ill malpractices being carried out by government engineers of various department may not reoccur in future besides fixing responsibilities for causing loss to the government exchequer. Further it is humbly submitted that Hon'ble Court may pass orders for ensuring recovery of looted fund, attachment of their properties, lockers and other non declared assets from the culprits government officials, contractors and other private persons those found invo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in person whether he had asked for such informations, he accepted that he had sought such informations. 8. We think it condign to state the relevant portions of the application by which informations were sought under the Right to Information Act, 2005 (for brevity the 2005 Act ): 6. Provide us the information in Detail about the entire Medical History in which the disease mentioned and the preciousness was suggested to Shri Shri Deepak Hastir currently posted as Deputy Commissioner, Central Zone of MCD, New Delhi. 7. Provide us the information in detail about the all payments was paid to the above hospital for the operation of piles sterilization, Sexual Disorder in respect of Shri Shri Deepak Hasif currently posted as Deputy Commissioner, Central Zone of MCD, New Delhi till 22-06-2010. xxx xxx xxx 9. Provide us the information in detail about the all complaint received against Shri Shri Deepak Hastir currently posted as Deputy Commissioner, Central Zone of MCD, New Delhi from MCD employees as well as from the general public, visitors to the MCD office for molesting, misbehaviors as well as some unusual demand till date during his postings in various departme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... kind of informations. As the General Secretary of Paardarshita Public Welfare Foundation, a Non-Government Organization, which is supposed to be devoted to the public welfare, it was not expected of him to ask for such kind of unwarranted and uncalled for informations. The informations asked for are bound to create a storm in any civilized mind. It is unfortunate that the General Secretary of the NGO is asking about the sexual disorder, DNA test between an officer and his surrogate mother, name of his biological father and step father, name of his mother and surrogate step mother and such other aspects which are beyond the perception of decency and in fact, an invasion into another man's privacy. 12. The 2005 Act was enacted by the Parliament with a definite purpose. We would like to reproduce the preamble to the Act: An Act to provide for setting out the practical regime of right to information for citizens to secure access to information under the control of public authorities, in order to promote transparency and accountability in the working of every public authority, the constitution of a Central Information Commission and State Information Commissions and for matte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ail to fathom how the information sought by the petitioner comes within sufficient public interest. In our considered opinion, the information sought remotely has no relationship with any public activity or interest. In fact, the informations sought are a direct invasion in the private life of the individual. 14. At this juncture, we are disposed to advert to the concept of public interest litigation. In Charan Lal Sahu v. Union of India (1990) 1 SCC 613, it has been held as follows: 36. Therefore, conceptually and from the jurisprudential point of view, especially in the background of the preamble to the Constitution of India and the mandate of the directive principles, it was possible to authorise the Central Government to take over the claims of the victims to fight against the multinational corporation in respect of the claims. Because of the situation the victims were under disability in pursuing their claims in the circumstances of the situation fully and properly. On its plain terms the State has taken over the exclusive right to represent and act in place of every person who has made or is entitled to make a claim for all purposes connected with such claim in the sam ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 47. We shall now briefly deal with the scope and object of 'public interest litigation' (PIL), the horizon of which is widely extended and which at present constitutes a new chapter in justice delivery system acquiring a significant degree of importance in the modern legal jurisprudence practiced by Courts in many parts of the world, based on the principle, Liberty and Justice for All. 17. In Ashok Kumar Pandey v. State of West Bengal and Ors. AIR 2004 SC 280, it has been held as follows: 12. 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 behind the beautiful veil of public interest an ugly private malice, vested interest and/or publicity seeking is not lurking. It is to be used as an effective weapon in the armory of law for delivering social justice to the citizens. The attractive brand name of public interest litigation should not be used for suspicious products of mischief. It should be aimed at redressal of genuine public wrong or public injury and not publicity oriented or founded on personal vendetta. As indicated above, Court must be careful to see tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le even agreeing to accept highly sensitive and responsible offices for fear of being brought into disrepute with baseless allegations. There must be real and genuine public interest involved in the litigation and concrete or credible basis for maintaining a cause before Court and not merely an adventure of knight errant borne out of wishful thinking. It cannot also be invoked by a person or a body of persons to further his or their personal causes or satisfy his or their personal grudge and enmity. Courts of justice should not be allowed to be polluted by unscrupulous litigants by resorting to the extraordinary jurisdiction. The credibility of such claims or litigations should be adjudged on the creditworthiness of the materials, averred and not even on the credentials claimed of the persons moving the Courts in such cases. A person acting bona fide and having sufficient interest in the proceeding of public interest litigation will alone have a locus standi and can approach the Court to wipe out violation of fundamental rights and genuine infraction of statutory provisions, but not for personal gain or private profit or political motive an any oblique consideration. These aspects ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
