'General Allegations Based On Newspaper Reports Won't Be A Cause For Taking Cognizance In Public Interest'; Rajasthan HC Disposes PIL Seeking Directions To Cover All Borewells In State

Update: 2022-02-13 14:17 GMT
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The division bench of Rajasthan High Court observed that mere general averments/allegations based on newspaper reports should not and will not be a cause for taking cognizance in public interest. This petition was filed with a prayer for direction to the respondents-state that all the borewells in the State should be covered so that through accident there is no casualty of...

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The division bench of Rajasthan High Court observed that mere general averments/allegations based on newspaper reports should not and will not be a cause for taking cognizance in public interest.

This petition was filed with a prayer for direction to the respondents-state that all the borewells in the State should be covered so that through accident there is no casualty of human beings or animals.

The plea was filed by Air Tree Foundation Society, through its Secretary, Shri Manish Sharma.

Chief Justice Akil Kureshi and Justice Sudesh Bansal, while disposing the petition, observed,

"Mere general averments/allegations based on newspaper reports should not and will not be a cause for taking cognizance in public interest."

Notably, the court granted liberty to the petitioner to file a fresh petition with proper material. The court pursued that the petition's main source of the petitioner's information and consequent prayers in the petition is newspaper reports.

The court observed that If the petitioner wishes that this issue can be examined with seriousness in a public interest petition, it is expected that the petitioner first makes proper research, collects material and brings it to the notice of the Court regarding the scale and seriousness of the issue.

The court, opined,,

"Perusal of the petition would show that the main source of the petitioner's information and consequent prayers in the petition is newspaper reports. If the petitioner wishes that this issue can be examined with seriousness in public interest petition, it is expected that the petitioner first makes proper research, collects material and brings it to the notice of the Court regarding the scale and seriousness of the issue."

Case Title: Air Tree Foundation Society v. State of Rajasthan

Citation: 2022 LiveLaw (Raj) 59

Click Here To Read/Download Order


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