Case Law Details
Jatin Khurana Vs Union of India & Ors. (Delhi High Court)
Introduction: The Delhi High Court recently dismissed a public interest petition challenging Circular instruction No. 22/2022-Customs and Circular instruction No. 27/2021-Customs. The petitioner sought to quash these circulars, claiming they were ultra vires the Customs Act, 1962, and violated constitutional articles.
Petitioner’s Argument: The petitioner argued that the circulars, mandating compulsory disposal and sale of seized gold to the RBI within three months, were arbitrary and failed to differentiate between gold items with design and emotional value. They contended that converting gold jewellery into bars for sale resulted in irreparable loss to rightful owners.
Court’s View: The Delhi High Court, after hearing the petitioner’s counsel, held that the petition was not maintainable. It emphasized the principle that an aggrieved person must approach the court, and the petitioner, being a stranger with no adversely affected assets, lacked standing.
Locus Standi in Public Interest Litigation: While acknowledging the relaxation of locus standi in public interest litigation, the court clarified that it should apply to cases involving the poor, socially and economically backward individuals, or those with disabilities. The court referred to the concept of public interest litigation linked to the enforcement of social and economic rights.
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