LAWS(SC)-2004-12-86

DATTARAJ NATHUJI THAWARE Vs. STATE OF MAHARASHTRA

Decided On December 14, 2004
DATTARAJ NATHUJI THAWARE Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) This case is a sad reflection on members of the legal profession and is almost a black spot on the noble profession. The petitioner who belongs to this profession filed a petition styled as "Public Interest Litigation" before the Nagpur Bench of the Bombay High Court. By the impugned judgment, the High Court dismissed it holding that there was no public interest involved and in fact the petitioner had resorted to black- mailing respondent Nos. 6 and 7 and was caught red handed accepting black- mailing money. The High Court also noticed that the allegations of unauthorized constructions made in the petition were also not true.

(2.) Cost of Rs. 25,000/- (Rupees Twenty five thousand only) which was levied, was directed to be paid to the affected respondent Nos. 6 and 7 before the High Court.

(3.) It is, in fact, a black day for the black robed professionals, if the allegation, as found by the High Court to be true and which presently appear to be the subject matter of further proceedings in a criminal case, are true. This will leave the members of the legal profession black faced for the black deed of the petitioner who may be as the High Court found a black sheep in the profession. Though the petition filed by the petitioner carried the attractive brand name of Public Interest Litigation, the least that can be said is that it smacks of every thing what the Public Interest Litigation should not be.