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W.P.(C)9129/2015&CMNos.20758-61/2015
ALLINDIAHUMANRIGHTS&SOCIALJUSTICEFRONT Petitioner
Through; Mr.NafisAhmad Siddiqui,Advocate.
Through: Mr.AmitMahajan,CGSC with Mr.NitySharma,AdvocateforR-2.
HON'BLE MR-JUSTICEJAYANT NATH
ORDER o/„ 22.09.2015
1, Thispetition by way ofpublicinterestlitigation isfiled with aprayer 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 provisionsoftheForeigners Act,1946andtheForeigners
Order,1948.
JUDGMENT
2. The petitioner claimsto be aNon-GovernmentOrganization working for the welfare ofthe citizens ofIndia. It is alleged in the petition that respondent No.l, who is a citizen of Bangladesh and has also acquired citizenship ofSweden had intentionally violated and flouted the provisions ofthe Foreigners Act,1946 by getting thefilm based on astory written by her exhibited in India without permission ofthe Government. The further 2015:DHC:11438-DB 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 controversialstatementsthrough social media.
3. We may at the outset point outthat 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 ofthe averments in the petition,we are notsatisfied thatthePIL is aimed atredressalofgenuine public harm or public injury. The law is well settled that a person acting bonqfide and having sufficient interest in the proceeding ofpublic interest litigation will alone have a locusstandi and can approach the Courtto 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 soughtto be espoused in the presentwritpetition according to us does not involve any such public or general interest so as to entertain the petition under Article 226ofthe Constitution ofIndiaasPIL.
5. Accordinglythe writpetition is dismissed.
CHIEF JUSTICE tif. JAYANTNATH,J SEPTEMBER 22,2015 rb W.P.