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[Landmark Judgement] State of Jharkhand v/s Shiv Shankar Sharma (2022)

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Landmark Judgment Law Insider (1)

Published on: 24 November 2022 at 10:40 IST

Court – Supreme Court of India

Citation – State of Jharkhand v. Shiv Shankar Sharma (2022)

Hon’ble Supreme Court of India has held that a person must approach the investigating agencies directly with the incriminating material against any Political Person and from there it is for the investigating agencies to decide on the further course of action.

It is held that a person has to exhaust all the statutory remedies available under the law before approaching the Hon’ble Courts by the way of Public Interest Litigation.

Para – 13

This Court, thus declined to interfere in the matter holding that the petitioner must approach the investigating agencies directly with the incriminating material and then it is for the investigating agencies to decide on the further course of action.

Although an apprehension was raised by this Court that it is possible that the efforts of the petitioner to uncover alleged corruption may be obstructed by entrenched interests, yet statutory remedies available to the petitioner must be first exhausted and only thereafter can he approach the High Court.

In the present case no such effort has been made by the respondent (i.e., the petitioner in the PIL) to approach the statutory authorities in any manner whatsoever. The fundamental requirement for the issuance of a writ of mandamus is that the petitioner must have sought such a relief before the appropriate authority and only when it is denied the Court can be approached for a writ a mandamus.

This principle cannot be ignored merely because this Court is dealing with a Public Interest Litigation. With regard to the present Public Interest Litigations before us, it is an admitted fact that the respondent has not taken any steps in approaching the statutory authorities or made any effort in the registration of an FIR.

Drafted by Abhijit Mishra

Key Words –  Investigating Agencies, Political Person, Incrimination Material.