The Gauhati High Court recently disposed of a Public Interest Litigation (PIL) filed raising the grievance of inaction on the part of the Special Investigation Cell, State of Arunachal Pradesh to act on a complaint dated 22.11.2021 which was lodged on behalf of the petitioners in connection with alleged misuse of funds under 14th Finance Commission Grant.
The PIL has been filed by Anti Corruption Foundation and two others.
It is the case of the petitioners that subsequently the Superintendent of Police, Special Investigation Cell was also approached even thereafter no action was taken. Left no other recourse, the present PIL has been filed by the Petitioners.
While considering the PIL , the Itanagar Division Bench of Justice S.K. Medhi and Justice Parthivjyoti Saikia hel that though the role of a Writ Court in matters of this nature is a circumscribed one, as held by the Supreme Court in the case of Sakiri Vasu Vs. State of Uttar Pradesh and Anr. reported in (2008) 2 SCC 409, wherein a caveat has been given that a Writ Court is not the proper remedy for matters relating to the want of proper investigation, nonregistration of the FIR etc.
Further, the Bench noted that the allegation pertains to a larger public interest, an affidavit was directed to be filed by the Vigilance Cell which has been done. Thereafter, the Court vide an order dated 05.05.2022 had directed production of the relevant records to indicate that the complaint has been registered and action taken.
During the course of hearing, O. Pada, Special Public Prosecutor for the Vigilance Cell has produced the original papers which include the endorsement order, approval of the competent authority, copy of the complaint and the documents related to the complaint.
The Bench observed that there was some delay due to incessant rain and damage of roads but the investigation is on and the complain report will be submitted in the course of enquiry.
On being apprised of the aforesaid development, the Court is of the considered view that there is no reason to keep pending this PIL as the primary grievance of the petitioners is redressed.