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Showing contexts for: SUBRAMANIAN SWAMY in Mohammad Azam Khan And 2 Others vs State Of U.P. And 2 Others on 7 February, 2020Matching Fragments
63. In Subramanian Swamy Versus Manmohan Singh & Another reported in (2012) 3 SCC 64, the Apex Court has held that there is no restriction on a private citizen to file complaint against a public servant. The Apex Court has also held that locus standi of a private citizen is, therefore, not excluded. In paragraph nos. 72 and 73, the Apex Court has held as follows:
"72. The right of private citizen to file a complaint against a corrupt public servant must be equated with his right to access the Court in order to set the criminal law in motion against a corrupt public official. This right of access, a Constitutional right should not be burdened with unreasonable fetters. When a private citizen approaches a court of law against a corrupt public servant who is highly placed, what is at stake is not only a vindication of personal grievance of that citizen but also the question of bringing orderliness in society and maintaining equal balance in the rule of law.