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1992 (8) TMI 277 - SC - Indian LawsWhether the petitioner has locus to maintain the writ petition? Held that:- for the fact that petitioner Raj Kanwar after the conclusion of the hearing in which he was permitted to file written submissions which we have taken into account, chose to adopt the extraordinary course of an application to the Chief Justice of India to make the wholly unjustified grievance that he was not orally heard. As an advocate he should have known that such an application is untenable apart from being misconceived. He should have appreciated that public interest was served better by early conclusion of the hearing rather than its prolongation to enable every individual, who so desired, to address us orally. We are also of the opinion that in a matter of this kind, it was not only unnecessary but also inappropriate to permit the hearing being converted into a debate for participation of every individual in the name of public interest. We do not think that the persistence of Raj Kanwar is in public interest. The basis of the right claimed by the petitioner, Raj Kanwar, has to be found in some principle to amount to the right of the kind he claims. There is no special injury to him alleged and, therefore, the right he claims is no better than that available to every other advocate in the country. If the mere membership of the Bar can provide the foundation for the right which Raj Kanwar asserts to maintain a separate petition then on principle every advocate in the country would be entitled to file a separate petition, and as he claims also entitled to be heard orally even though it may only be at best repetition of the same arguments which Shri Kapil Sibal, Senior Advocate advanced at length. Since it cannot be visualized that every Advocate as an individual can claim such a right in public interest, it cannot be doubted that the claim made by petitioner, Raj Kanwar to this effect and his insistence on being orally heard when he had nothing additional to contribute, as is evident from his petition and the written arguments, is clearly misconceived. It is necessary that this tendency is curbed in public interest to avoid wastage of courts' time and abuse of its process. Appeal dismissed.
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