SC permits MTP of 29-week pregnancy of minor rape survivor
The top court also set aside the Bombay High Court order declining the plea for the medical termination of her pregnancy.
The Orissa High Court on Tuesday quashed a petition which challenged the Centre’s decision to demonetize Rs 2,000 currency note by saying that “it is publicity interest litigation in the garb of public interest”.
“While going through the decisions of the Supreme Court regarding the scope of interference in the economic policy decision of the Government, we are of the view that the present writ petition is publicity interest litigation in the garb of public interest and thus, we are not inclined to entertain the same. Accordingly, the writ petition being devoid of merits stands dismissed,” the vacation bench comprising Justice S K Sahoo and Justice M S Raman stated in the order.
We are, therefore, of the considered view that the Court must defer to legislative judgment in matters relating to social and economic policies and must not interfere unless the exercise of executive power appears to be palpably arbitrary. The Court does not have necessary competence and expertise to adjudicate upon such economic issues. It is also not possible for the Court to assess or evaluate what would be the impact of a particular action and it is best left to the wisdom of the experts, the Court observed in the order.”
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Law is well settled that public-interest litigation is a weapon which has to be used with great care and circumspection and the judiciary has to be extremely careful to see that behind the beautiful veil of public interest, a publicity seeking is not lurking. It is to be used as an effective weapon in the armory of law for delivering social justice to the citizens, the order said.
It should be aimed at redressal of genuine public wrong or public injury and should not be publicity oriented which is detrimental to the public interest at large. A publicity interest litigation should be nipped in the bud so that valuable time of the Court is saved which can be effectively utilized in reducing huge pendency of cases, the order concluded.
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