State of Jharkhand Vs Shiv Shankar Sharma (Supreme Court of India)
Supreme court held that High Court cannot entertain Public Interest Litigations (PIL) which is based on mere allegations by the person who has not been able to fully satisfy his credentials.
Facts-
The question before this Court is whether the petitions which have been filed before the Jharkhand High Court in the form of Public Interest Litigations are maintainable in view of the settled position of law laid down by this Court in several of its earlier decisions. The question is also whether these PILs comply with the provisions of the Rules relating to the Public Interest Litigations, which is the Jharkhand High Court (Public Interest Litigation) Rules, 2010 (for short “Rules, 2010”) and if they do not, were the petitions filed as PILs liable to be dismissed at the very threshold if they were not in compliance of the provisions of the above Rules relating to PIL.
Conclusion-
The respondent or his relatives are not the Directors of the Companies. But then the petitioner states that he has information that he has been siphoning off this money and investing it in these shell companies through one Ravi Kejriwal who is allegedly a close associate of the Chief Minister. The allegations of the respondent of money laundering through shell companies has not been supplemented by any kind of evidence, whatsoever. The names of persons who are allegedly responsible for the operation of these companies have been mentioned, but without producing any concrete evidence, it has been stated that these persons are connected/close aides or related to the Chief Minister. Further, none of the companies have been made a party to the present PILs, before the Jharkhand High Court. Thus, an order is sought from the High Court to direct the Enforcement Directorate to investigate these so called “shell companies” without even making the companies a party in the writ proceedings. It is also an admitted fact that in relation to present two PILs, no FIR or complaint has been filed with the police or any authority agitating the grievances and these petitions have been filed before the High Court, without availing the statutory remedies.
It was not proper for the High Court to entertain a PIL which is based on mere allegations and half baked truth that too at the hands of a person who has not been able to fully satisfy his credentials and has come to the Court with unclean hands.
FULL TEXT OF THE SUPREME COURT JUDGMENT/ORDER
