HC Hyderabad dismissed PIL under Article 226 where a bill on subject matter was tabled in Parliament, holding it non-justiciable until enactment by legislature.
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.
HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
PRESENT
THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR
PUBLIC INTEREST LITIGATION NO.252 OF 2014
DATED:13.10.2014 Between: T. Dhanagopal Rao … Petitioner/ Party-in-person And Union of India Through its Secretary Ministry of Health and Family Welfare AYUSH BHAWAN, B-Block, GPO Complex, INA., New Delhi and others … Respondents
THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND
THE HON’BLE SRI JUSTICE SANJAY KUMAR
PUBLIC INTEREST LITIGATION NO.252 OF 2014
ORDER: (per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta)
As it appears the matter in question, as has been stated in the writ petition, is subject matter of a Bill, which was prepared by the Government, and such Bill is stated to be before the Parliament. Therefore, we desist ourselves from interfering with the matter. It is for the Parliament to make suitable enactment, not for the Court to decide at this stage.
The writ petition is therefore dismissed.
Pending miscellaneous petitions, if any, shall also stand dismissed. There will be no order as to costs.
________________________ K.J. SENGUPTA, CJ
_______________________ SANJAY KUMAR, J 13.10.2014
bnr
3 issues framed by the court
Whether the Court can interrupt legislative process when a bill is before Parliament.
Whether judicial intervention is barred in matters reserved for statute-making.
Whether PIL findings of fact regarding pending bills constitute jurisdictional bar.
T. Dhanagopal Rao
Union of India
Kalyan Jyoti Sengupta
Sanjay Kumar
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
