R.P. LUTHRA Vs. CBI

JUDGEMENT

(1.) The petitioner, who is a practicing Advocate, filed this writ petition as a public interest litigation seeking a mandamus directing the CBI to register a case and to undertake investigation in accordance with law on the basis of the statements in a blog (website) about the continuation of an Additional 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.

(3.) We have heard the petitioner appearing in person.