Vishwas Bhamburkar v. Union Of India

$~8 *IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 9/2017 & CM Nos.49/2017 & 50/2017 VISHWAS BHAMBURKAR ..... Petitioner Through :

None.

versus UNION OF INDIA ..... Respondent Through :

Mr. Ravi Prakash, CGSC with Mr. Nitish Gupta, Adv.

SI Anuj Kumar, PS IGI Airport in person.

CORAM:

HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MS. JUSTICE PRATHIBA M. SINGH

O R D E R

% 22.05.2017 1.

None appears for the petitioner despite the matter having been passed over once. There was no appearance on the first call as well.

2.

We may note that the writ petitioner seeks an investigation by the Central Bureau of Investigation premised on inter alia assertions in the writ petition such as "Company seems to be driving the aviation business of M/s Supreme Transport Organization Private Limited" (in para 8.4); and the nebulous and non-specific assertions to the effect that "whispered allegations" W.P.(CRL) 9/2017

(in para 8.6); "various other organizations with the same or similar political patronage continue to enjoy undue benefits" (in para 8.7); other equally vague and non-specific averments. 3.

There is not a whisper of a factual assertion or basis in the entire writ petition. The petitioner deserved to be non suited right at the outset for this reason alone.

4.

It is highly inappropriate that writ petitions purported to be in public interest are being brought to this court without any factual basis on pure surmises, conjectures, innuendo and vague attributions of suspicion on conduct of individuals and authorities. No adjudication can be effected on the basis of such assertions. Writ Courts in exercise of extraordinary jurisdiction under Article 226 of the Constitution of India cannot be expected to undertake a fishing and roving inquiries at the behest of any person, who does not establish a prima facie case and has made no inquiry to support his case.

5.

We may also note that writ petitioner has not impleaded any private person or authority against whom he has made allegations which have no factual basis.

Such petitions are clearly an abuse of the process of law. In view thereof, this writ petition is dismissed. ACTING CHIEF JUSTICE PRATHIBA M. SINGH, J MAY 22, 2017/mk W.P.(CRL) 9/2017