LAWS(SC)-2008-4-34

COMMON CAUSE Vs. UNION OF INDIA

Decided On April 11, 2008
Common Cause (A Regd. Society) Appellant
V/S
Union of India And Ors. Respondents

JUDGEMENT

(1.) This petition has been filed in the form of public interest litigation by Common Cause (A Registered Society) through its Director Shri H.D. Shourie r/o A-31, West End, New Delhi.

(2.) At the risk of Writ Petition, the petitioner sought for the following reliefs:

(3.) I had the privilege of going through the erudite judgment prepared by my learned Brother Justice Katju and I respectfully agree with the conclusion reached by my brother Katju that the Writ Petition be dismissed. While coming to this conclusion Brother Katju was of the opinion that the Motor Vehicles Act is a comprehensive enactment on the subject. He was further of the opinion that if there is lacuna or defect in the Act it is for the legislature to correct it by a suitable amendment and not by the Court. I am also of the view that the relief sought for in this Writ Petition is adequately taken care of by the Motor Vehicles Act itself and if there is any lacuna or defect, it is the legislature to correct it by amending the Act and not the Court.