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Sunit Kumar Mondal And Ors. vs Union Of India (Uoi)

1988 (8) TMI 430 - CALCUTTA HIGH COURT

Equivalent citations: AIR 1989 Cal 237, (1989) 2 CALLT 31 HC - Dated:- 22-8-1988 - MR. S Chatterji ORDER Susanta Chatterji, J. 1. The present writ petition is one of the glaring examples as to how each and every problem of life is brought to the Court to find its solution. The writ petitioners have prayed, inter alia, for issuing a writ of mandamus calling upon the respondents and each one of them and their agents to show cause as to why the respondents should not be directed to act in accordanc .....

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Hill Council and to taks such other necessary steps which would be for the interest of the public at large. 2. It is stated in the writ petition that the petitioners not for their individual interests, but for the sake of the country at large have filed the present writ petition by way of a public interest litigation, stating that the respondents 1 and 2, being Union of India and the Secretary, Ministry of Home Affairs, and the respondents 3 and 4 being the Government of West Bengal and itsSecre .....

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en elaborated by making various averments by giving examples of Jharkhand activities and other political activities within the State. It is also stated that by conceding to the demand of a section of people, who have no locus standi to enter into such agreement and/or accord, the spirit of the Constitution of India is being violated and the people at large have been kept in the dark to know as to the whereabouts of the proposed agreement and by suppressing all facts and by keeping in darkness su .....

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e going through the pleadings, il appears that at the outset a copy of the impugned memorandum of settlement has been produced before this Court. Mr. Kanak Kumar Chatterjee, learned Advocate for the petitioner has also got an opportunity to go through the said memorandum of settlement. Mr. K. K. Chatterjee appearing for the petitioner has strongly argued that a prima facie case has been made out by the petitioner for issuance of a rule and to pass an interim order in terms of prayer (c) of the w .....

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ion should be considered as a public interest liUgation, and the Court's powers are wide enough to investigate the matter and to question'the steps taken by the respondents in entering into such memorandum of settlement with persons who are alleged to be not ei|iiens of country. He draws the attention of this Court to a number of decisions in this respect, namely the decision (People's Union for Democratic Rights v. Union of India) as to the scope of public interest litigation, and ( .....

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of the memorandum of settlement that the said memorandum of settlement is an instrument which should be implemented after an appropriate legislation and per se il has no legal effect and until and unless a legislation is brought in the appropriate forum there cannot be any implementation of the said accord in any manner whatsoever. He has devoloped his submission by submitting, inter alia, that the memorandum of settlement is an outcome of the exercise of the executive power which is the residu .....

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the same can be questioned before the appropriate court of law if there is any violation of the Constitution of India itself. It is absolutely premature for the petitioner to challenge the proposed accord at this material point of time alleging that the accord will be prejudicial to the interest of the country itself particularly when steps are being taken to avoid conflict amongst various sections of the people at large. He has further developed his argument by referring to several paragrpahs .....

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even assuming that the impugned teleprinter message (as the case was there) is not relatable to the two control orders, the State Government undoubtedly could, in exercise of the executive power of the State introduce a system of verification on movement of wheat from the State of Uttar Pradesh to various other States at the check-posts on the border and place restrictions on inter-districts movement of wheat by traders on private account with the State. The executive power of a modern State is .....

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for the court to undertake this exercise, apart from total lack of jurisdiction to do so since by reason of Article 74, Clause (2) of the Constitution of India the question whether any and if so what advice was tendered by the Minister to the President of India cannot be enquired into by the court and moreover, "the steps taken by the responsible Government may be founded on information and apprehensions which are not known to and cannot always be made known to those who seek to impugn what .....

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on that political questions are unjusticiable by courts. The main reason is that legitimate use of political power is generally non-justiciable since it has political sanction which issufficient in view of the separation of powers between the executive, the legislature and the judiciary in the Constitution of India. But when it is alleged that political power has not been used in accrdance with the Constitution or the law, the courts have to examine if the issues are legal or political and if th .....

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seemingly . political question when the Constitution or a statute has to be interpreted to answer them. 9. With regard to the infringement of the legal rights and/or the legal character and/or the court's arena and/or its jurisdiction to enter into the controvers it has been discussed in , and in particular paragraphs 17, 22 and 27 of the report and which has been referred to by Mr. Somnath Chatterjee. 10. Mr. Somnath Chatterjee has summed up his argument by submitting that if any political .....

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a copy of the memorandum of settlement has been produced before this Court and there is nothing to apprehend about infringement of the rights of the petitioner. 12. Having heardall the submissions made by the learned counsel appearing for the respective parties, this court with all anxieties has gone through the entire writ petition and considered the submissions made on behalf of the rival parties. It is true that not only the averments if made in the writ petition are only to he considered to .....

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d that the executive function comprised both the determination of the policy as well as carrying it into execution. This evidently includes the initiation of legislation, maintenance of law and order, the promotion of socio-economic welfare, the direction of foreign policy and in fact, the carrying on and supervision of the general administration of the State. All these questions have been very elaborately considered and dealt with in the cases , , (Ram Kishore Sen v. Union of India) and . : Thi .....

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gal effect. It is true that peace is required but peace cannot be purchased. Peace is a gift of God which is seldom given to the people. The people have to secure the same by sorrows and sufferings. To have peace, there must be prudence and toleration. In the life of a nation a statesman has a preference to a politician. With regard to the historical background and/or political background, the court has nothing to do in this repsect. This Court is to see that what is the legal validity and/or th .....

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