AIR 2006 SUPREME COURT 1774 ::2006 AIR SCW 2082 ::2006 (5) SCC 28 ::(2006) 4 Scale 252 ::(2006) 4 AllMR 118 (SC) ::2006 (4) All MR 118 ::(2006) 4 All WC 4043 ::2006 (5) SCJ 346 ::(2006) 6 Supreme 108 ::(2007) 1 JCR 99 (SC)

Supreme Court Of India

Hon'ble Judge(s): Y. K. Sabharwal, Arijit Pasayat, S. H. Kapadia , JJJ

(A) Constitution of India , Art.226, Art.32— Public Interest Litigation - Bona fides of litigant petitioners, doubtful - As yet, in exceptional cases Court may examine issue having regard to serious nature of public cause by appointing Amicus Curiae - Central Empowered Committee (CEC) and Amicus Curiae appointed to assist Court in determining issues relating to depletion of forests and preservation and conservation of forests - Insinuations made by petitioner against Committee and Amicus Curiae - Approach deprecated. Howsoever genuine a cause brought before a Court by a public interest litigation may be, the Court has to decline its examination at the behest of a person who, in fact, is not a public interest litigant and whose bona fides and credentials are in doubt. In a given exceptional case where bona fides of a public interest litigant are in doubt, the Court may still examine the issue having regard to the serious nature of the public cause and likely public injury by appointing an Amicus Curiae to assist the Court but under no circumstances with the assistance of a doubtful public interest litigant. No trust can be placed by Court on a malafide @page-SC1775 applicant in public interest litigation. These are basic issues which are required to be satisfied by every public interest litigation. Central Empowered Committee (CE....