All India Human Rights & Social Justice Front v. Taslima Nasreen & ANR

$-24 * m THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) 9129/2015 & CMNos.20758-61/2015 + ALL INDIA HUMAN RIGHTS & SOCIAL JUSTICE FRONT Petitioner Through; Mr.Nafis Ahmad Siddiqui, Advocate.

Versus

TASLIMA NASREEN & ANR Respondents Through: Mr.Amit Mahajan, CGSC with Mr.Nity Sharma, Advocate for R-2.

CORAM:

HON'BLE THE CHIEF JUSTICE HON'BLE MR- JUSTICE JAYANT NATH

ORDER

o/„ 22.09.2015 1, This petition by way of public interest litigation is filed with a prayer to direct the respondent No.2/Union of India to cancel the visa of the respondent No.l forthwith and to prosecute the respondent No.l for violating various provisions of the Foreigners Act, 1946 and the Foreigners Order, 1948.

2.

The petitioner claims to be a Non-Government Organization working for the welfare of the citizens of India. It is alleged in the petition that respondent No.l, who is a citizen of Bangladesh and has also acquired citizenship of Sweden had intentionally violated and flouted the provisions of the Foreigners Act, 1946 by getting the film based on a story written by her exhibited in India without permission of the Government. The further By:AMULYA

allegation is that the respondent No.l is interfering with foreign policy of India with other nations and creating law and order problem in India by making controversial statements through social media. 3.

We may at the outset point out that except referring to certain media reports, the petitioner failed to produce any other material before this Court to establish the allegations. Even otherwise, in the light of the averments in the petition, we are not satisfied that the PIL is aimed at redressal of genuine public harm or public injury. The law is well settled that a person acting bonqfide and having sufficient interest in the proceeding of public interest litigation will alone have a locus standi and can approach the Court to wipe out violation of fundamental rights and genuine infraction of statutory provisions, but not for personal gain or private profit or political motive or any oblique consideration.

4.

The cause sought to be espoused in the present writ petition according to us does not involve any such public or general interest so as to entertain the petition under Article 226 of the Constitution of India as PIL. 5.

Accordingly the writ petition is dismissed.

CHIEF JUSTICE tif.

JAYANTNATH, J SEPTEMBER 22,2015 rb W.P. (C) No. 9129/2015