NATIONAL COUNCIL FOR CIVIL LIBERTIES Vs. UNION OF INDIA
LAWS(SC)-2007-7-25
SUPREME COURT OF INDIA
Decided on July 10,2007

NATIONAL COUNCIL FOR CIVIL LIBERTIES Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

Altamas Kabir, J. - (1.) This writ petition has been filed by the National Council for Civil Liberties through its President, Shri V.K. Saxena, against the Union of India, State of Gujarat, State of Madhya Pradesh, Smt. Medha Patkar, Narmada Bachao Andolan, Shri Rahul Banerjee and the Director of the Central Bureau of Investigation, inter alia, for enforcement of the petitioners fundamental rights under Articles 14 and 21 of the Constitution perpetually on account of arbitrary inaction of the respondents and for protection of a better right to live of the inhabitants of Gujarat, Madhya Pradesh and Rajasthan. On the basis of the allegations made in the writ petition, the writ petitioner has prayed for the following reliefs :(a) "Issue appropriate writ, order or direction directing the respondent Nos. 1,2,3 and 7 to investigate into the routing of foreign funds into the activities of the respondent Nos. 4, 5 and 6 of its subordinate and supportive organizations that have been referred to in this petition and that may be revealed during the course of such investigation and its utilization for purposes that are found to be seditious in nature and for purposes that are against national interest and are directed against smooth implementation of projects of national importance and to report to this Honble Court within such time as this Honble Court may deem fit to prescribe; (b) Issue appropriate writ, order or direction directing the respondent Nos. 2 and 3 to place before this Honble Court the status report on pending prosecutions lodged against the respondent Nos. 4, 5 and 6 and their activists along with that of the support groups and organizations as enumerated in this petition, and this Honble Court be pleased to issue such appropriate directions upon receipt of such status report to ensure expeditious disposal of pending investigation and/or trials within such time period as may be found fit and appropriate by this Honble Court; (c) Issue appropriate writ, order or direction directing respondent No.3 to place before this Honble Court a specific action taken report in view of the vigilance report/ Devas police report after the Mehendikheda firing incident in the State of M.P. and to issue appropriate directions on receipt of such status report further directing such investigation to be conducted by the respondent No.7; (d) Issue appropriate writ, order or direction directing respondent No. 7 to undertake detailed investigation into the affairs of the respondent Nos. 4,5, 6 and their support groups as enumerated in this petition and more particularly in respect of the activities in the nature of source, supply and acquisition of arms, explosives, detonators, gelatin sticks, bullets and connections with naxal organizations as well as supply and free usage of arms and explosives more particularly with a view to thwart the progress of projects of national importance by terrorizing Government officials and locals, facts of which have come to be revealed in the final report submitted by SDO Bagli M.P. to Additional Sessions Judge, Bagli District: Devas; (e) Issue appropriate writ, order or direction directing the Central and State Government to evolve a proper mechanism for implementation a project of national importance where project developer be directed to provide all available information to the people of that particular area regarding cost of project, time schedule for implementation, why the project is being implemented, its likely impact on citizens (positive or negative), how the Govt. plans to compensate the citizens, who are likely to be displaced or adversely affected and benefits after the implementation etc. to curb the misinformation spread by vested interest. Such information should be freely and easily available to all. (f) Any other direction which this Honble Court may deem fit."
(2.) The prayers indicate that the writ petitioner is basically concerned with the alleged acquisition and supply of arms, explosives, detonators, gelatin sticks and bullets by the respondent Nos. 4, 5 and 6 and their support groups naxalite organizations. Further allegations have been made with regard to supply and free usage of arms and explosives with a view to obstructing the progress of projects of national importance.
(3.) On 7th July, 2006, when the Writ Petition was moved, this Court did not consider it necessary to issue notice to the respondent No.4-Smt. Medha Patkar and respondent No.7-Director, Central Bureau of Investigation. Presumably the Court was not entirely convinced of the allegations against Smt. Medha Patkar and hence no notice was issued to her. Consequently, at the time of final hearing of the writ petition, no one appeared on her behalf or on behalf of the CBI while the respondent No.6 Rahul Banerjee, appeared in person.;


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