Nagpur Bench rejected the Public Interest Litigation filed by Samaj Kranti Aghadi, holding that the prayers sought were exclusively within Parliament's domain and could not be granted by the Court.
The Public Interest Litigation is rejected as the prayers are within the exclusive domain of Parliament.
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14.01.pil.10.11.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR
PUBLIC INTEREST LITIGATION NO. 10 / 2011 (Samaj Kranti Aghadi Through Its President vs. Department of Home Affairs Govt. of India and others )
Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders
Mr. R.G.Deo, ASGI for respondents 1 and 2
Mrs. Kalyani Deshpande, AGP for respondents 3 and 4
CORAM : B.R.GAVAI & Mrs. MRIDULA BHATKAR, JJ. DATED : 14th January, 2015.
Perusal of the prayer clauses would reveal that the matter is exclusively within the domain of the Parliament. As such, we do not find that prayers made in the P.I.L. can be granted.
P.I.L. is, therefore, rejected.
JUDGEJUDGE
sahare
2 issues framed by the court
Whether the prayers in the P.I.L. fall exclusively within the domain of Parliament and should be granted.
Whether the Public Interest Litigation should be rejected for encroaching on legislative domain.
Samaj Kranti Aghadi Through Its President
Department of Home Affairs Govt. of India
others
B.R. Gavai
Mrs. Mridula Bhatkar
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