BASABI RAI CHOWDHURY Vs. UNION OF INDIA

JUDGEMENT

(1.) PREFACE:

(2.) Whoever comes in contact with the present case and the facts involved, would definitely agree, the situation is disastrous. The magnitude of the problem is huge, unless steps taken, it would be an economic disaster. It has social impact too, hence the disaster may extend to the society as well, particularly in Eastern India where the problem has an impeccable effect.

(3.) Ordinarily, the Court of Law, particularly in civil litigations that would have a dominating effect in the writ jurisdiction as well, would always consider the pleadings and the pleadings only and seldom step out. In public interest litigation, the Court of Law made a departure in the past. The Apex Court did so being empowered by Article 142. We the High Court, are aware of our plenary power under Article 226, even then we ordinarily restrain ourselves in encroaching upon the arena of legislature or the executive as it would create immense difficulty for smooth running of the democracy where all three wings being the legislature, executive and judiciary have different arena of travel. We are perplexed in the present situation as the averments do not fully impress us. At the same time we cannot be a mere on-looker considering the magnitude of the disaster.