In a recent suo motu Public Interest Litigation (PIL) case numbered WPPIL No. 54 of 2024, the Chhattisgarh High Court, presided over by Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal, took a firm stance on urging the state government to address a significant legal issue affecting the public. The court emphasized that the matter, which had been referred to the Department of Law and Legislative Affairs, required a decision at the Cabinet level, setting a timeline for resolution.
Background
The case was initiated by the High Court itself as a Public Interest Litigation (PIL) due to pressing concerns in the governance of specific public affairs within the state. In PIL cases like this, the court exercises its power to address issues that affect the larger public, often stepping in when government inaction or delay affects citizens’ rights or welfare.
The respondents included the State of Chhattisgarh, represented by Additional Advocate General Mr. Y.S. Thakur. The case also saw the involvement of multiple counsels for various respondents: Mr. Pankaj Agrawal for respondents 14, 16, 17, and 19; Ms. Shruti Pramar on behalf of Mr. A.S. Kachawaha for respondent 15; and Ms. Vivek Kumar Agrawal, representing Dr. Sudeep Agrawal, for respondent 23.
Key Legal Issues and Observations
The primary issue addressed by the court was the State Government’s delay in advancing a proposal to the Cabinet, as required to resolve the public interest concern. The court observed that despite referral to the Department of Law and Legislative Affairs, the resolution could only be achieved through Cabinet action.
In its order, the High Court underscored its expectation that the government would not only recognize the urgency of the matter but would also expedite the decision-making process. The court remarked: “We hope and trust that the State Government shall take appropriate steps for resolving the issue involved in this petition by sending an appropriate proposal before the Cabinet.” This statement highlights the court’s reliance on the executive to fulfill its responsibilities promptly in response to matters of public interest.
Court’s Directive
The court mandated that the state government submit the proposal to the Cabinet and ensure that the decision is made within four weeks. This directive illustrates the judiciary’s role in holding the executive accountable to its responsibilities toward citizens.