Proper Facts & Evidence Must Be Placed Before Court To Invoke PIL Jurisdiction: Rajasthan High Court

ANIRUDH VIJAY

7 March 2022 4:51 AM GMT

  • Proper Facts & Evidence Must Be Placed Before Court To Invoke PIL Jurisdiction: Rajasthan High Court

    The Rajasthan High Court has observed that a citizen approaching the court in a public interest jurisdiction holds greater duty to make full research and present necessary facts before the court to cause further investigation. In the present matter, serious allegations were made by the petitioners with respect to mis-management of the respondent No. 2, Arth Credit...

    The Rajasthan High Court has observed that a citizen approaching the court in a public interest jurisdiction holds greater duty to make full research and present necessary facts before the court to cause further investigation.

    In the present matter, serious allegations were made by the petitioners with respect to mis-management of the respondent No. 2, Arth Credit Cooperative Society.

    A division bench of Chief Justice Akil Kureshi and Justice Rekha Borana, while disposing of the petition, observed,

    "A citizen approaching the Court in a public interest jurisdiction holds a greater duty to make full research and present necessary facts before the Court to cause further investigation."

    Refusing to entertain the petition, the court also observed that in the present public interest litigation, there is no supporting documents or informative evidence, even prima facie sustaining serious allegations made by the petitioners with respect to mis-management of the respondent No.2.

    The court noted,

    "In this public interest petition as it stands today, there are no supporting documents or informative evidence, even prima facie sustaining serious allegations made by the petitioners with respect to mis-management of the respondent No.2 Arth Credit Cooperative Society."

    The court however opined that if the petitioners are able to place further material on record, it would be open for them to file a fresh public interest petition.

    Case Title: Gajendra Purbia & Anr. v. Union of India

    Citation: 2022 LiveLaw (Raj) 88

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