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2005 DIGILAW 1112 (SC)

MANOJ NARULA v. UNION OF INDIA

2005-07-15

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Judgment ( 1 ) THE grievance raised by the petitioner in this petition filed by way of public interest litigation is that there are Ministers appointed who are "tainted" and have criminal background. Earlier a similar petition was filed by this very petitioner which came up for hearing on 16-7-2004 and the court passed the following order: (SCC p. 51) "the issue raised in this petition is being debated in Parliament. Therefore, it is too premature a stage for us to entertain a petition of this nature. The writ petition is dismissed. " ( 2 ) THE petitioner sought for a review of the said order complaining that since the date of the order of this Court dated 16-7-2004 the issue has not yet been debated in Parliament. The Court noted (SCC p. 52): "a counter-affidavit is filed by the Deputy Secretary to the government of India, Ministry of Home Affairs wherein it is specifically stated that the issue could not be debated till now for certain reasons but assurance has been given that when the occasion arises the matter will certainly be debated in Parliament. Recording the said assurance this review petition is dismissed. " ( 3 ) WE cannot enter into the question as to what will be or what will not be debated in Parliament, nor can we issue any direction in that regard. ( 4 ) THE question then arises whether the grievance of the nature canvassed by the petitioner can be heard by this Court as a public interest litigation. We would like to hear the learned Attorney General for India as also an amicus curiae to assist this Court on this question. ( 5 ) LET a copy of the petition along with the annexures be delivered to the standing counsel for the Union of India. We request the learned Attorney general for India to appear and assist the Court. ( 6 ) MR Rakesh Dwivedi, Senior Advocate is appointed amicus curiae to assist this Court in hearing on the question of maintainability of the petition. A copy of the petition along with the annexures be also delivered to Mr. Dwivedi. ( 7 ) LIST on 1-8-2005. Court Masters