A PIL challenging the Maharashtra State Human Rights Commission (MSHRC) for alleged irregularities, abuse of law, and financial improprieties. The petitioner sought a judicial enquiry and action against officials. The court found no merit in the allegations and dismissed the petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
１
srk
pil-22-09
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
PUBLIC INTEREST LITIGATION NO.22 OF 2009
Pushkar Madhav Damle ... Petitioner Versus The State of Maharashtra and others. ... Respondents
Mr.Ashish Chawan for the petitioner. Mr. G.W. Mattos, Assistant Government Pleader for respondent-State.
CORAM : MOHIT S. SHAH, C.J. & S.C. DHARMADHIKARI, J.
Thursday, July 22, 2010
P .C.
In this petition purporting to be PIL, the petitioner has prayed for a writ of mandamus calling upon the Maharashtra State Human Rights Commission (for short `MSHRC') to explain the alleged irregularities, improprieties and abuse of law at the instance of MSHRC and its office bearers. The petitioner had also prayed for a direction that this court may conduct judicial enquiry into such alleged irregularities and has prayed for a direction to take action against the erring/defaulting members/official of the Commission and the State of Maharashtra.
２
srk
pil-22-09
State Human Rights Commission and his complaint was dismissed. The petitioner challenged the said order by filing the writ petition before this court and the Division Bench of this court dismissed the writ petition. The petitioner has referred to this fact in para 4 of the petition and thereafter, the petitioner has made the following averments in para 5 of the petition:-
３
srk
pil-22-09
annual reports to the Government as contemplated by section 20((1) of the Act and that the Government has been submitting such annual reports to the State Legislature. It is further submitted that the accounts of State Human Rights Commission are being audited and no irregularity has been brought to the notice of the State Government.
CHIEF JUSTICE
S.C. DHARMADHIKARI, J.
3 issues framed by the court
Whether the court should conduct a judicial enquiry into alleged irregularities and abuse of power by the Maharashtra State Human Rights Commission and its office bearers.
Whether directions should be issued to take action against alleged erring members/officials of the Commission.
Whether the petition filed under PIL regarding allegations of financial irregularities, private enquiries, and medical expense claims against the Commission has merit.
Pushkar Madhav Damle
The State of Maharashtra
Maharashtra State Human Rights Commission
Mohit S. Shah
S.C. Dharmadhikari
As recorded by the court registry
Litigation brought on behalf of the public interest rather than a personal grievance, relaxing the usual rule of locus standi.
Judgements on the same questions, provisions and authorities, from every court
