AJAY SHUKLA Vs. UNION OF INDIA

JUDGEMENT

(1.) The present writ petition has been filed as a Public Interest Litigation (PIL) seeking direction to Respondent Nos. 1 and 2 to take action against Respondent No. 3 i.e., Truecaller International LLP, for violating the right of privacy of citizens of India and damaging their reputation.

(2.) Learned counsel for Respondent No. 1- Department of Telecommunications, has raised a preliminary objection on the maintainability of the present petition. He states that an earlier writ petition i.e., W.P.(C) No. 1/2022 filed by the Petitioner, as a PIL, on the identical allegations against Respondent No. 3 with similar prayers was not entertained by the Supreme Court and the said writ petition was unconditionally withdrawn by the Petitioner as recorded in order dtd. 29/8/2022. He states that the said writ petition was dismissed as withdrawn, as the Supreme Court found no merit in the pleas raised by the Petitioner. He states in view of the dismissal and unconditional withdrawal of the earlier writ petition filed before the Supreme Court, this second petition is not maintainable.

(3.) He states that the Petitioner has approached this Court by concealing material facts as in the mandatory 'non-filing clause' of this petition, the Petitioner has not disclosed the filing of the W.P.(C) No. 1/2022 and its dismissal. He states that the disclosure made in paragraph 22 of this writ petition under the heading 'non-filing clause' is misleading. He states that the Petitioner has thus, blatantly violated Rule 9 (h) of the Delhi High Court (Public Interest Litigation) Rules, 2010 ('PIL Rules, 2010').