YEASIN MOLLA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners are the ration card holders and members of Priority Household under the National Food Security Act, 2015. The instant writ petition is filed according to an assertion made by the petitioners, in representative capacity, on behalf of all ration card holders of West Bengal and accordingly the petitioners seek leave under Rule 12 of the Rules framed by this Court relating to applications under Article 226 of the Constitution of India.

(2.) The above statement/submission made by the petitioners clearly suggests that they have filed the instant writ petition in representative capacity to protect the interest of all the ration card holders in the State of West Bengal. Therefore, at the outset a question arises as to whether the instant writ petition ought to be treated as a public interest litigation. It is needless to say that a public interest litigation is usually entertained by a Court for the purpose of public injury, enforcing public duty, protecting social rights and vindicating public interest. The real purpose of entertaining such application is the vindication of the Rule of Law, effective access to justice for the economically weaker classes and meaningful realization of fundamental rights. Above observation was made by the Hon'ble Supreme Court in Malik Borthers vs. Narendra Dadhich and Ors reported in (1999) 6 SCC 552. In People's Union for Democratic Rights and ors. vs. Union of India reported in AIR 1982 SC 1473, the Hon'ble Supreme Court was pleased to hold that public interest litigation is essentially a cooperative or collaborative effect on the part of the petitioner, the State or public authority and the Court to secure observance of the constitutional or legal rights, benefits and privileges conferred upon the vulnerable Sec. of the community and to reach social justice to them. The State or public authority against whom public interest litigation is brought should be as much interested in ensuring basic human rights, constitutional as well as legal, as those who are in a socially and economically disadvantage position, as the petitioner who initiates the litigation. The State or public authority should, in fact welcome it, as it would give an opportunity to right a wrong or to redress and injustice done to the poor and weaker Sec. of the community whose welfare is and must be the prime concern of the State or the public authority.

(3.) Bearing the above principle in mind it is possible to decide that the instant writ petition should be dealt with as a public interest litigation.