The Delhi High Court has recently dismissed a petition seeking identification of officials of the Central Bureau of Investigation (CBI) and the Directorate of Enforcement involved in the alleged harassment of private liquor vendors in the capital, while observing that the petition is a sheer abuse of the process of law.
The Division Bench comprising Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad imposed a cost of Rs 1 lakh on the petitioner for filing the instant public interest litigation based only upon the “so-called press releases” without providing details of any incident of harassment as alleged and directed that the cost be paid to the Army War Widows Fund.
At the outset, the petition has been filed by one Narinder Khanna, a practising advocate, contending that he had heard a statement on India TV made by Manish Sisodia, the Deputy Chief Minister of Delhi, that the central investigating agencies are harassing private liquor vendors and that they have been forced to close shops.
He stated that the Deputy Chief Minister has also confirmed that upon closure of private liquor shops, heavy loss was caused to the State Exchequer resulting in loss of livelihood to private liquor vendors and the general public was deprived of the opportunity to buy liquor at discounted price.
In light of the above, the petitioner sought a list of as many as 186 liquor vendors in the city who were allegedly harassed by CBI and ED officials. He also sought for a direction to the Lieutenant Governor of Delhi for identification of the erring officials who had forced private liquor vendors to close shops, thereby depriving them of livelihood guaranteed under Article 21 of the Constitution.
Noting that the petitioner has raised all kinds of “wild” allegations, the Court observed: “The petitioner has not named a single officer of the CBI, or of the Directorate of Enforcement who has harassed a single liquor vendor, nor has he given details of any kind of such harassment and based upon the so-called press releases/ statement made in the press, he wants a roving inquiry to be done by this Court.”
“The present petition is nothing but a sheer abuse of the process of law and the petitioner wants a roving inquiry to be done by this Court based upon vague and absurd allegations,” the court added while making it clear that if the cost imposed is not paid within 30 days from the date of the order, the Sub-Divisional Magistrate, New Delhi District will recover the amount as arrears of land revenue and shall transfer the same to the Army War Widows Fund with intimation to the Registrar General of this Court.
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