The Allahabad High Court has dismissed the Public Interest Litigation (PIL) filed to publish the Justice Rohini Commission report publicly.
The Division Bench of Chief Justice Arun Bhansali and Justice Vikas Budhwar passed this order whilehearring a PIL filed by Eklavya Educational Foundation and Another.
The writ petition has been filed by the petitioner purportedly in public interest seeking a direction to the Respondent No 1 to publish the report on recommendation dated 21.07.2023 of Justice Rohini Commission and place the same in public domain in interest of justice and larger public interest.
The Court noted that,
Submissions have been made that the Commission which was formed in the year 2017 has given its report in the year 2023 and the said report ought to be published by the respondents and, therefore, a direction in this regard may be issued.
Instructions have been produced by the respondents, inter alia, indicating that the Justice Rohini Commission was constituted under Article 340 of the Constitution with the approval of the President of India on 02.10.2017.
The Commissioner has submitted its report to the President on 31.07.2023 in terms of Article 340 (2) of the Constitution and in terms of Article 340 (3), the report along with action taken thereon has to be placed before both the Houses of the Parliament and till such time that the process as prescribed is completed, the report cannot be placed in public domain.
“In view of the above instructions produced by the respondents, which are in consonance with the provisions of Article 340 of the Constitution of India, no case is made out in the Public Interest Litigation” the Court observed while dismissing the petition.