MAHESH SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS public interest litigation has been presented by the petitioner, a lawyer of the Bar, seeking directions to the respondents to have thorough investigation into death and injuries inflicted to numerous persons who were involved in scrap dealings.

(2.) THIS petition has been filed on basis of the Newspaper report. No other evidence is on record. The petitioner has not taken any trouble to find out as to whether such incidents are taking place regularly and that too because of the material of scrap. There is no supporting evidence. No home work or enquiry has been done by the petitioner that the respondents are not holding any enquiry in such cases. It was the duty of the petitioner to make out before the Court that the State is not diligent in dealing with such cases and the rights of the people are being trampled. No such incident has been shown by the petitioner except report of the Newspaper.

(3.) KEEPING in view the statement of the learned counsel for the State of Rajasthan that investigations in such cases have been commenced and even challans are being filed. Thus, there appears no justification for proceeding with the public interest litigation. However, the public interest litigation is otherwise not entertainable for the simple reason that the petitioner has not collected the evidence, done any homework for making out a case that the people for whose rights the public interest litigation has been filed, are not in a position to seek justice from the respondents or approach the Court for any reason and that unless the petition is taken up, the interest of justice will not be met with. This has not been made out by the petitioner, a lawyer. He has filed this petition only on the report published in the Newspaper which is not sufficient without supporting material for entertaining the public interest litigation.