"NO BASIS" - Won't entertain PILs based on news 

reports: 

HC

Chennai TIMES NEWS NETWORK





A PIL which sought to stop police personnel from lending or borrowing money for interest without prior permission from their higherups failed to impress the Madras high court, which felt the PIL had been filed solely on the basis of newspaper reports. The first bench of acting Chief Justice Huluvadi G Ramesh and Justice RMT Teeka Raman, dismissing the PIL filed by advocate AG Narasimhan, said, “The writ petition has been filed purely on the basis of a newspaper report.At the outset, we would like to hold that no judicial notice can possibly be taken of newspaper reports in the absence of the maker of the statement appearing in court and deposing to have perceived the facts reported.“

The PIL prayed for a direction to the chief secretary, home secretary and the DGP of Tamil Nadu to strictly enforce Tamil Nadu subordinate police officers Conduct Rules, 1964 and, restrain police personnel from lending and borrowing money without prior sanction from the government.

Narasimhan, who cited a newspaper report dated January 5, said instances of kangaroo courts or katta panchayats happened mainly because police personnel indulged in money lending or borrowing business. He filed the PIL saying authorities had not taken any action on his representation sent last month.

However, dismissing the PIL, the bench said the Supreme Court had defined requirements of a public interest litigation proceedings and added, “This principle of law has been laid down by the apex court and has been reiterated in a catena of decisions rendered thereafter. Before entertaining a PIL, the court has to be satisfied about the credentials of the petitioner, the prima facie correctness or nature of information given by him, information being not vague and indefinite as held by the Supreme Court.“

Referring to the present case, the judges said the court could not take judicial notice of the newspaper reports, and the grounds urged were vague and indefinite.