LAWS(GAU)-2016-3-97

PRAFULLA HAZARIKA Vs. STATE OF ASSAM

Decided On March 15, 2016
Prafulla Hazarika Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) The petition has been filed for issuance of appropriate directions to the Union of India (respondent No.2) to constitute a Committee of Experts to examine the distribution of wheat allocated to Government of Punjab under the National Food Security Act, 2013 ('Act' - for short) from Dec., 2013 onwards and/or for directing the Central Bureau of Investigation (respondent No.3) to conduct an investigation into the distribution of wheat from Dec., 2013 onwards in the State of Punjab under the Act and under the various schemes of Punjab Government as a very big scam as detailed in the petition is stated to be going on.

(2.) The petitioners have filed this petition in the nature of public interest. However, the credentials of the petitioners and their antecedents are not mentioned. Rule 7 of the Maintainability of the Public Interest Litigation Rules, 2010 entitle the Registry of this Court to verify the antecedents of a person, society or an association, who invoke the jurisdiction of the High Court on the cause of public interest. The petitioners have not mentioned any public interest that they may have been done and neither are their antecedents mentioned.

(3.) In the State of Uttranchal Vs. Balwant Singh Chaufal and others, (2010) 3 SCC 402, the Honourable Supreme Court has inter alia issued directions to preserve the sanctity of public interest litigation. Serial No.3 of the directions that were issued is to the effect that the Court should prima facie verify the credentials of the petitioners before entertaining the public interest litigation.