Gujarat High Court
Pathan Mohammed Suleman Rehmatkhan vs State Of Gujarat Thro Chief ... on 16 September, 2014
Author: J.B.Pardiwala
Bench: Akil Kureshi, J.B.Pardiwala
C/WPPIL/7/2013 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
WRIT PETITION (PIL) NO. 7 of 2013
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PATHAN MOHAMMED SULEMAN REHMATKHAN....Applicant(s)
Versus
STATE OF GUJARAT THRO CHIEF SECRETARY....Opponent(s)
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Appearance:
MR ASHISH B DESAI, ADVOCATE for the Applicant(s) No. 1
MR VANDAN BAXI, AGP for the Opponent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE AKIL KURESHI
and
HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 16/09/2014
ORAL ORDER
(PER : HONOURABLE MR.JUSTICE J.B.PARDIWALA)
1. By this writ application, in the nature of a public interest litigation, the petitioner, a resident of Ahmedabad, seeks to challenge the notification dated 16.08.2011 issued by the State of Gujarat under the Commissions of Inquiry Act, 1952.
2. To put it briefly, the case of the petitioner is that the State Government has constituted Justice (Retired) M.B.Shah Page 1 of 4 C/WPPIL/7/2013 ORDER Commission. According to the petitioner, the notification under the Commissions of Inquiry Act, 1952 is issued only with a view to frustrate the action which otherwise a duly appointed Lokayukta would take up. It appears that this petition was filed after the pronouncement of the judgement by the Supreme Court against the order passed by this Court in Special Civil Application No. 12632 of 2011 with regard to the appointment of a Lokayukta in the State of Gujarat. This petition was filed on 16.01.2013. Till this date, even notice has not been issued and it appears that on 27.09.2013, since none had appeared for the petitioner when the matter was called out, the application was ordered to be dismissed for default.
3.Later on by filing Misc. Civil Application No. 2284 of 2013 the main petition was ordered to be restored.
4. Even thereafter this application has not been prosecuted further. Today, when the matter is called out Mr. Desai appearing on behalf of the petitioner is not Page 2 of 4 C/WPPIL/7/2013 ORDER present. We have perused the reliefs prayed for in this petition and the materials on record. It appears that the very same notification which is the subjectmatter of challenge in this petition was challenged by some other person by filing Writ Petition (PIL) No. 24 of 2012. A Division Bench of this Court vide order dated 16.02.2012 considered such writ application filed in the nature of a public interest litigation and took the view that the Commission had been constituted under Section 3(i) of the Act of 1952 after complying with all the formalities required under the law and the Commission had been instituted for the purpose of investigation against its own Government. On consideration of the entire materials on record, the Division Bench rejected the writ application. Since this notification has already been looked into by a coordinate bench and nothing illegal was found in the same, there is no reason for us to take a different view of the matter.
Page 3 of 4C/WPPIL/7/2013 ORDER
5.For the forgoing reasons, we do not find any substance in this application and the same is rejected of accordingly. No costs.
(AKIL KURESHI, J.) (J.B.PARDIWALA, J.) Jyoti Page 4 of 4