Tuesday, August 20, 2013

[IAC#RG] Misconceived PIL dismissed. subsidised alcohol to Defence remains.

For our fauji members

Please find below order of Allahabad High Court dt. today dismissing a Writ Petiton filed by Chairman / President of National RTI Forum Mr. Amitabh Thakur IPS.

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH

?Chief Justice's Court

Case :- MISC. BENCH No. - 7295 of 2013

Petitioner :- Amitabh Thakur & Another [P.I.L.]
Respondent :- Union Of India Thr.Secy.Ministry Of Defence New Delhi & Anr.
Counsel for Petitioner :- Amitabh Thakur (Inperson),Dr.Nutan Thakur (Inperson
Counsel for Respondent :- A.S.G.

Hon'ble Shiva Kirti Singh,Chief Justice
Hon'ble Devendra Kumar Upadhyaya,J.

Heard learned counsel for the petitioners and learned counsel for Union of India.
This writ petition has been filed as a PIL to seek directions from this Court to the respondents to get a detailed study conducted regarding privileges given to some services, mainly defence service and para-military service of supply of liquour on subsidized rates.

Learned counsel for Union of India has raised an objection that the petitioners are not experts in the field and they have not done any study of the matter to come forward with any alternative suggestions backed by results of scientific study. According to learned counsel for Union of India, this Court cannot and should not entertain such public interest litigations which are aimed at initiating a study for a fishing and roving enquiry without coming forward with concrete materials to help the Court in achieving public interest by preventing harm to vulnerable sections of the society or by ensuring that their rights are honoured by the State.

In the facts of the case, we find substance in the submission of learned counsel for Union of India that the privileges, which are subject matter of this petition, are service privileges for some of the defence services or para-military services and they should not be subject matter of PIL. The writ petition is, therefore, dismissed.

Order Date :- 20.8.2013
AHA
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