TaxTMI 
TaxTMI 
2025 (7) TMI 1329
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....is Hon'ble Court and comprising of a Superintendent of Police (SP) rank officer each from the Income Tax Department (ITD), Directorate of Enforcement (ED), Central Bureau of Investigation (CBI), and Jharkhand Police to investigate into the various allegations of disproportionate assets beyond known sources of income, corruption and various illegal activities against Shri Dhullu Mahto (Hon'ble Member of Parliament, Lok Sabha, Dhanbad) in a time bound manner. b. Issue a writ, order or direction transferring all (if any) investigation against Shri Dhullu Mahto pending before the CBI, Income Tax Department and ED to the Special Investigation Team (SIT) constituted by this Hon'ble Court. c. Issue a writ, order or direction, preferably in the nature of a 'continuing mandamus' so as to enable this Hon'ble Court to regularly monitor the investigation being carried out by the SIT from time to time. d. Issue a writ, order or direction taking cognizance of the defective, biased, slow, willfully negligent and tainted investigation carried out by the agencies/officers in the present matter for the last 13+ years leading to a gross delay thereby....
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.... 7. The Jharkhand State Police also filed an affidavit dated 07.07.2022 wherein it was stated that a total of 46 FIRs had been registered against Shri Dhullu Mahto. Out of the 46 FIRs, trials had already been concluded in cases arising out of 21 FIRs. 12 FIR's had culminated in the chargesheet. In 3 FIRs FRT had been submitted and 9 FIRs were still pending at the stage of investigation. 8. Thereafter, the petitioner sent a representation dated 06.08.2022 to the Enforcement Directorate informing them about an additional 670 crores worth of Benami properties/assets of Shri Dhullu Mahto. He also filed an interlocutory application furnishing the said information before this Court. This Court vide its order dated 26.08.2022 directed the respondents to file their reply to the said interlocutory application. 9. The Income Tax Department filed its affidavit dated 15.09.2022 stating that a preliminary investigation regarding the veracity of the petitioner's complaint/representation dated 06.08.2022 was being carried out by the department. However, nothing was ever heard from the department thereafter. 10. The petitioner again sent a representation dated 20.10.2022 to the ....
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....nt from Dhanbad in the State of Jharkhand, that he has amassed huge property beyond the known sources of income. 19. The present petitioner, however, has approached this Court also by filing one writ petition in the nature of Public Interest Litigation being W.P.(PIL) No.6438 of 2011 seeking investigation into the disproportionate asset beyond the known source of income of said Shri Dhullu Mahto. 20. The said PIL was disposed of vide order dated 30.03.2016 by making observation therein that the authorities would carry out necessary investigation into the petitioner's allegation after giving an opportunity of hearing to the said Shri Dhullu Mahto. 21. It has been stated that in the petition that when no action was taken by the investigating agencies on the petitioner's representations/complaints, one Civil Miscellaneous Petition being C.M.P. No. 184 of 2018 was filed seeking status report of the investigation, if any, carried out as per this Court's order dated 30.03.2016 in W.P.(PIL) No.6438 of 2011. 22. The said Civil Miscellaneous Petition being C.M.P. No. 184 of 2018 was heard. 23. It has been stated that the State Police filed an affidavit dated 07.07.202....
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....ar Das, learned counsel appearing for the Respondent No. 2-ED, has taken an oral objection by making reference of the order dated 30.03.2016 passed in W.P.(PIL) No.6438 of 2011 that the same petitioner had filed Public Interest Litigation which has been held to be not a Public Interest Litigation, hence the issue of maintainability of the present Public Interest Litigation has been raised. 33. The matter, thereafter, was listed on 18.02.2025. On that date, the matter was adjourned on the prayer made on behalf of the petitioner and the Respondent No. 2. 34. Again, the matter was listed on 17.03.2025. The matte was adjourned due to non-appearance of Advocate-on-Record, namely, Ritik Raj. 35. The matter was listed on 20.03.2025 as per the order dated 17.03.2025. Learned counsel appearing for the Respondent No. 3-CBI and Respondent No. 4-Income Tax Department, have sought for three weeks' time to file their respective counter affidavits. 36. The matter, thereafter was listed on 05.05.2025. On that date the matter was adjourned on the prayer made on behalf of the petitioner on the ground of non-availability of Mr. Prashant Bhushan, learned Senior counsel who was to appear th....
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.... vide order dated 04.04.2024 dismissed the said C.M.P. inter alia holding that having regard to the nature of the order passed by this Court in W.P(PIL) No. 6438/2011, this petition seems to be a wagering attempt by the petitioner which is accordingly dismissed. 44. The said order dated 04.04.2024, to the best of the information of the answering respondent, has never been challenged by the petitioner, and hence the same has attained its finality. 45. It has been stated that the Income Tax Department is proceeding with the statutory requirement by conducting reassessment in exercise of power conferred under Section 143(3) read with Section 147 of the Income Tax Act, 1961. 46. It has been mentioned that the petitioner though in the earlier filed PIL, WPC and CMP had impleaded Shri Dhullu Mahto as a party respondent, however, in the instant PIL, the Petitioner has not impleaded Shri Dhullu Mahto as a party Respondent, and on this score of non-impleadment of the affected party as a party respondent, several PILs have been dismissed by this Court. 47. It has been stated that in light of the aforesaid facts, as well as the order dated 30.03.2016 and the order dated 04.04.2024....
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....sis of 7 FIRs instituted against said Shri Dhullu Mahto. 53. Learned counsel for the Income Tax Department has submitted that the notice under Section under Section 143(3) of the Income Tax Act, 1961 has already been issued and the Income Tax Department is in the process of reassessment and the proceeding to take appropriate decision on the basis of the statutory requirement. 54. Both the learned counsel, therefore, have submitted on the basis of the argument advanced on behalf of the petitioner that what is being argued for issuance of direction for the purpose of monitoring of the investigation by the ED or investigation/enquiry by the Income Tax Department which is not required in exercise of power conferred under Article 226 of the Constitution of India. 55. It has also been contended that handing over the investigation to CBI is also unwarranted since both the prosecuting agencies, i.e., ED and Income Tax Department, have proceeded on the basis of the FIRs instituted by the State Police. Analysis 56. Heard learned counsel for the parties and gone through the pleadings made in the writ petition. 57. The issue of maintainability has been raised by the learned c....
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....ating the argument advanced on behalf of parties, deems it fit and proper to see whether the instant petition is maintainable in the nature of Public Interest and for this purpose, the law laid down by the Hon'ble Apex Court along with the interpretation of word "Public Interest Litigation" is also required to be referred. 62. The Hon'ble Apex Court in the case of Ashok Kumar Pandey v. State of W.B., reported in (2004) 3 SCC 349, at paragraph nos. 5 to 16 while interpreting the expression "public interest litigation" has held as under: "5. It is necessary to take note of the meaning of the expression "public interest litigation". In Stroud's Judicial Dictionary, Vol. 4, 4th Edn., "public interest" is defined thus: "Public interest.-(1) A matter of public or general interest does not mean that which is interesting as gratifying curiosity or a love of information or amusement; but that in which a class of the community have a pecuniary interest, or some interest by which their legal rights or liabilities are affected." 6. In Black's Law Dictionary, 6th Edn., "public interest" is defined as follows: "Public interest.- Something in which t....
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....ndi and can approach the court to wipe out the tears of the poor and needy, suffering from violation of their fundamental rights, but not a person for personal gain or private profit or political motive or any oblique consideration. Similarly, a vexatious petition under the colour of PIL brought before the court for vindicating any personal grievance, deserves rejection at the threshold." 11. It is depressing to note that on account of such trumpery proceedings initiated before the courts, innumerable days are wasted, which time otherwise could have been spent for the disposal of cases of genuine litigants. Though we spare no efforts in fostering and developing the laudable concept of PIL and extending our long arm of sympathy to the poor, the ignorant, the oppressed and the needy whose fundamental rights are infringed and violated and whose grievances go unnoticed, unrepresented and unheard; yet we cannot avoid but express our opinion that while genuine litigants with legitimate grievances relating to civil matters involving properties worth hundreds of millions of rupees and criminal cases in which persons sentenced to death and facing the gallows under untold agony, per....
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....arity. The petitions of such busybodies deserve to be thrown out by rejection at the threshold, and in appropriate cases, with exemplary costs. 13. The Council for Public Interest Law set up by the Ford Foundation in USA defined "public interest litigation" in its Report of Public Interest Law, USA, 1976 as follows: "Public interest law is the name that has recently been given to efforts that provide legal representation to previously unrepresented groups and interests. Such efforts have been undertaken in the recognition that ordinary marketplace for legal services fails to provide such services to significant segments of the population and to significant interests. Such groups and interests include the proper environmentalists, consumers, racial and ethnic minorities and others." 14. The court has to be satisfied about: (a) the credentials of the applicant; (b) the prima facie correctness or nature of information given by him; and (c) the information being not vague and indefinite. The information should show gravity and seriousness involved. Court has to strike balance between two conflicting interests: (i) nobody sh....
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....yodhan Sahu (Dr) v. Jitendra Kumar Mishra [(1998) 7 SCC 273] this Court held that in service matters PILs should not be entertained, the inflow of so-called PILs involving service matters continues unabated in the courts and strangely are entertained. The least the High Courts could do is to throw them out on the basis of the said decision. The other interesting aspect is that in the PILs, official documents are being annexed without even indicating as to how the petitioner came to possess them. In one case, it was noticed that an interesting answer was given as to its possession. It was stated that a packet was lying on the road and when out of curiosity the petitioner opened it, he found copies of the official documents. Whenever such frivolous pleas are taken to explain possession, the courts should do well not only to dismiss the petitions but also to impose exemplary costs. It would be desirable for the courts to filter out the frivolous petitions and dismiss them with costs as aforestated so that the message goes in the right direction that petitions filed with oblique motive do not have the approval of the courts." [Emphasis supplied] 63. This Court, after having....
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....tertaining a PIL. (4) The Courts should be prima facie satisfied regarding the correctness of the contents of the petition before entertaining a PIL. (5) The Courts should be fully satisfied that substantial public interest is involved before entertaining the petition. (6) The Courts should ensure that the petition which involves larger public interest, gravity and urgency must be given priority over other petitions. (7) The Courts before entertaining the PIL should ensure that the PIL is aimed at redressal of genuine public harm or public injury. The Court should also ensure that there is no personal gain, private motive or oblique motive behind filing the public interest litigation. (8) The Courts should also ensure that the petitions filed by busybodies for extraneous and ulterior motives must be discouraged by imposing exemplary costs or by adopting similar novel methods to curb frivolous petitions and the petitions filed for extraneous considerations." 66. In addition to the aforesaid proposition, so far as the nature of present case is concerned against Shri Dhullu Mahto who is not party to the proceeding, this Court has already....
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....s have been entered into under threat or coercion. So far as other allegations are concerned, criminal proceedings are already pending looking to paragraph 11 of this writ petition. 3) It appears from the facts of the case that several details have been given about the so-called excess income and the purchases of the property by the respondent No. 10. Any excess income or excess property can be looked into by the Income Tax Department who is respondent nos.3 and 4. Thus, respondent No. 3 and 4 will take all care of these allegations and also enquire into the matter and after giving adequate opportunity of being heard to the respondent No. 10, action under law will be taken. Similar is the case with other allegations also. In this set of circumstances, we are not inclined to give any relief to this petitioner. 4) The State shall expedite the investigation into the criminal cases and the necessary reports will be filed under the Code of Criminal Procedures, 1973. 5) Registrar General of this Court is directed to send a copy of this writ petition along with all the annexures and also along with the supplementary affidavits filed by the petitioner to the Dire....