Supreme Court 19.8.2020
PIL – Newspaper reports - Entire basis for making the allegations is an Article relied on by the petitioner said to have been published in a newspaper - There is no other material on record to confirm the truth or otherwise of the statement made in the newspaper - Court will have to be very circumspect while accepting such contentions based only on certain newspaper reports - Newspaper item without any further proof is of no evidentiary value – Vikas Dubey case. Kushum Lata vs. Union of India & Ors. (2006) 6 SCC 180, relied. #2020 SCeJ 1379
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PIL – Newspaper reports – Commission of enquiry – Vikas Dubey case - Allegations against members - Petitioner is a lawyer by profession who practices in Mumbai and has come up by way of Public Interest Litigation - Allegations of bias made by him against the members of the Commission merely on the basis of newspaper reports and nothing more, are liable to be rejected outright. #2020 SCeJ 1379
The petitioner herein is an advocate who practices law in Mumbai, Maharashtra and is in no way connected to the incident in question which took place in U.P. However, the petition filed by him in public interest was accepted and the Commission of Inquiry consisting of persons who had held high position has been constituted. The enquiry held would be in public domain and the petitioner has already been granted the liberty of participating therein. The report of the enquiry is ordered to be filed in the petitions which were filed before this Court. Therefore, there would be sufficient safe- guard to the manner in which the inquiry would be held. We find that the petitioner has been raising unnecessary apprehensions and repeated applications are being filed which in fact is hampering the process of inquiry.