TMI Blog2014 (10) TMI 1077X X X X Extracts X X X X X X X X Extracts X X X X ..... rm as Additional Judge was referred to in the blog, was in fact considered by the Supreme Court in a Public Interest Litigation in SHANTI BHUSHAN VERSUS UNION OF INDIA [ 2008 (12) TMI 448 - SUPREME COURT ] . The allegation was that the appointment was in violation of the law declared in SUPREME COURT ADVOCATES ON RECORD ASSOCIATION AND S.P. GUPTA VERSUS U.O.I. [ 1993 (10) TMI 352 - SUPREME COURT ] that the opinion of the Chief Justice of India has to be formed collectively after taking into account the views of his senior colleagues who are required to be consulted by him for the formation of opinion. It was alleged by the petitioner therein that no such opinion was formed. The controversy relating to the extension of the term of the said A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tional Judge in Madras High Court. 2. It is pleaded in the writ petition that the statements in the said blog disclosed the commission of various cognizable offences including the offences under the Prevention of Corruption Act, 1988 and Sections 217 and 218 of Indian Penal Code, 1872 (IPC) relating to screening of offenders and therefore, the authorities concerned ought to have initiated action as required under Section 154 or/and Section 157 of the Code of Criminal Procedure, 1973. Alleging that the authorities concerned failed to perform their statutory duty, the petitioner contends that it is a fit matter to issue a mandamus directing the respondent/CBI to register a case forthwith and to undertake the investigation into the whole issue ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the offenders so as to uphold the esteem of the justice administration system. 6. We may at the outset point out that the validity of the permanent appointment of the Additional Judge of Madras High Court, whose extension of term as Additional Judge was referred to in the blog, was in fact considered by the Supreme Court in a Public Interest Litigation in Shanti Bhushan and Anr. vs. Union of India (UOI) and Anr., (2009) 1 SCC 657. The allegation was that the appointment was in violation of the law declared in Supreme Court Advocate-on-Record Association Anr. Vs. Union of India, (1993) 4 SCC 441 that the opinion of the Chief Justice of India has to be formed collectively after taking into account the views of his senior colleagues who are r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ontaining short articles called posts that are changed regularly. Some blogs are written by one person about their own opinion, interests and experiences, while others are written by many different people. Most blogs allow comments from reader. In Cambridge English Dictionary , the word blog‟ is defined as follows: A regular record of your thoughts, opinions, or experiences that you put on the internet for other people to read. In Oxford English Dictionary, the word blog‟ is defined as: A regularly updated website or web page, typically one run by an individual or small group, that is written in an informal or conversational style. In Merriam-Webster English Dictionary, the word blog‟ is defined as: A web site on which som ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... redressal of genuine public harm or public injury. The petitioner should be in a position to demonstrate that he is moving the process of law for the benefit of unrepresented or under-represented strata of the society . [Vide Ayaaubkhan Noorkhan Pathan Vs. State of Maharashtra Ors., (2013) 4 SCC 465 State of Uttaranchal Vs. Balwnt Singh Chaufal Ors., (2010) 3 SCC 402]. 13. On the basis of the averments in the present petition, particularly in view of the fact that the issue sought to be raised by the petitioner has already been given a quietus, we are unable to hold that the petition is aimed at redressal of any public wrong or public injury. 14. Hence, we are not inclined to entertain the writ petition and the same is accordingly dismissed ..... X X X X Extracts X X X X X X X X Extracts X X X X
|