Delhi High Court - Orders
Dr. Subramanian Swamy vs Union Of India & Anr on 20 August, 2024
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~65
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 11481/2024, CM APPL. 47675/2024
DR. SUBRAMANIAN SWAMY .....Petitioner
Through: In person with Mr. Satya Sabharwal,
Advocate.
versus
UNION OF INDIA & ANR. .....Respondents
Through: Mr. Chetan Sharma, ASG with
Mr. Apoorv Kurup, CGSC with
Mr. Amit Gupta, Mr. Vinay Yadav,
Mr. Saurabh Tripathi,
Mr. Vikramaditya Singh,
Mr. Shubham Sharma and Mr. Arnav
Mittal, Advocates for UOI.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 20.08.2024
1. Dr. Subramanian Swamy, the Petitioner has invoked Article 226 of the Constitution of India, 1950, seeking inter-alia a writ of mandamus/ appropriate directions to Respondent No. 1 - Union of India1 to furnish a status report on the complaints/ representations dated 21st September, 2017, 20th November, 2023 and 12th August, 2024 filed by the Petitioner against Respondent No. 2 - Mr. Rahul Gandhi.
2. Dr. Swamy places reliance on a communication dated 29th April, 2019 issued by Ministry of Home Affairs (Foreigners Division), Government of This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/08/2024 at 23:53:12 India, to urge that the complaint made by him against Mr. Gandhi was acknowledged by the Foreigners Division and consequently, Mr. Gandhi was called upon to furnish his response to the same. He urges that since then there has been no progress or intimation regarding the outcome of his complaint.
3. Regardless, for this Court to exercise writ jurisdiction under Article 226 of the Constitution of India, the Petitioner must demonstrate that they have an enforceable constitutional right against the Respondents. The Court is unable to ascertain any such right from the facts presented. Dr. Swamy states that through the present writ petition, he is espousing a cause which has public interest.
4. In view of the above, the matter be listed before the Roster Bench dealing with public interest litigation. It is made clear that this Court has not made any comments on the merits of the case or whether there is any element of public interest involved in the present proceedings.
5. Accordingly, subject to orders of Hon'ble the Acting Chief Justice, list this matter before the Roster Bench on 26th September, 2024.
SANJEEV NARULA, J AUGUST 20, 2024 nk 1 "UOI"
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/08/2024 at 23:53:12