ANINDYA SUNDAR DAS Vs. UNION OF INDIA & ORS
LAWS(CAL)-2017-12-31
HIGH COURT OF CALCUTTA
Decided on December 01,2017

Anindya Sundar Das Appellant
VERSUS
Union of India And Ors Respondents

JUDGEMENT

Arijit Banerjee, J. - (1.) These writ petitions have been filed as Public Interest Litigations (in short 'PILs'). The prayers of the writ petitioners are for a direction on the respondent authorities to take appropriate measures to check the spread of Dengue in the State of West Bengal and for providing adequate medical facilities for the treatment of those afflicted with the disease. After we heard learned Counsel appearing for some of the writ petitioners, we had directed the State Government to file a report in the form of an affidavit disclosing the number of Dengue affected patients who succumbed to the disease as also the steps that were taken by the Government for combating the disease. Such a report dated 9 November 2017 was filed in this Court. Thereafter, we heard other learned Counsel appearing in support of the other writ petitions. After all the learned Counsel for the writ petitioners concluded their respective submissions, learned Adv. General appearing for the State took a preliminary point of maintainability of these writ petitions as PIL. Learned Adv. General argued at length as to why according to him, these PILs are not maintainable and should be rejected in limine. We have also heard the learned Counsel for the writ petitioners on the point of maintainability of these writ petitions.
(2.) We need not have decided the point of maintainability as a preliminary point since the same was not taken before the writ petitioners made their submissions on merits. The point of maintainability was raised on behalf of the State only after the learned Counsel for the writ petitioners concluded their submissions on merits. However, since we have heard learned Counsel for the parties at length on the point of maintainability, we deem it proper to express our opinion on that issue before passing any further order on these matters.
(3.) Learned Adv. General challenged the maintainability of these writ petitions primarily on two grounds. Firstly, he submitted that the writ petitions have been filed on the basis of newspaper reports regarding the spread of Dengue. Newspaper reports are not admissible evidence. A PIL based on newspaper reports is not maintainable. Secondly, he submitted that it has been laid down by the Hon'ble Apex Court that before a party approaches the High Court by filing a PIL, he must do adequate research and must disclose sufficient materials before the Court in support of his grievance made in the writ petition. He submitted that the instant writ petitions are not supported by any evidence. The writ petitioners have not taken the trouble of doing any research work. Merely on the basis of newspaper reports the writ petitions have been filed. The writ petitioners are only looking for publicity. No public interest is involved in the present writ petitions.;


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