SOBHANA SURENDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This petition filed under Art. 226 of the Constitution of India is structured as a Public Interest Litigation but in our perception, the litigation is not a bonafide one but is filed with an oblique motive and is intended to generate publicity for the petitioner.

(2.) The Writ Petitioner refers to State of Gujarat Vs. Kishanbhai reported in [(2014) 5 SCC 108], where the Supreme Court while noticing the undeserved acquittal and failure of prosecution in many criminal cases, had issued direction to each State and Union Territories to constitute a Standing Committee of senior officers of the police and the prosecution department to formulate training programmes, for the junior investigation/prosecution officials in order to ensure that there is no acquittal, based on faulty prosecution. The training programmes were ordered to be put in place within six months. The accountability mechanism for the Police and the prosecution officials were also to be formulated, in the event of unmerited acquittal arising out of the failure of investigation or of the prosecution.

(3.) But curiously, while the petitioner has structured the petition on the above direction of the Supreme Court, it is seen that the litigant has sought the following Interim Prayer in the PIL:-