IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1045 of 2010 ---- Ajit Sarthi, son of Late Rudra Kumar Prasad Narayan Singh, Resident of Village and P.O. Chhitauli, P.S. Chainpur, District-Siwan, Bihar. -- Petitioner. Versus 1. State of Bihar, through the Chief Secretary, Government of Bihar, Main Secretariat, Patna. 2. Secretary, Home Department, Government of Bihar, Main Secretariat, Patna. 3. Director General of Police, Bihar, Police Headquarters, Main Secretariat, Patna. 4. Officer-in-Charge, Pandarak Police Station, District- Patna. 5. Mr.Nitish Kumar, parentage unknown to the petitioner, presently holding the office of the Chief Minister, Bihar, 1 Anne Marg, Patna. -- Respondents ----- For the petitioner : Mr. Ajit Sarthi, in person. For the respondents : Mr. P.K.Shahi, Advocate General With Mr. Vikas Kumar, Assistant counsel to Advocate General. ---- 02. 21/01/2010 Heard Mr. Ajit Sarthi, the petitioner in person. 2. The petitioner has preferred this public interest litigation as pro bono publico with the allegation how injustice is meted to one Smt. Shail Devi, widow of Late Parmarath Singh, resident of village, police station and post office-Pandarak, District-Patna, who has lost her son. Ordinarily, we would have adverted to the prayers which have been made in this writ petition, but on scrutiny of - 2 - paragraph 2 of the writ petition, it is evincible that there has been an order of stay in respect of the case belonging to Smt. Shail Devi by the learned Single Judge. When there is a judicial order, we are afraid, we cannot enter into the same in a public interest litigation. 3. We have also been apprised by Mr. P.K.Shahi, learned Advocate General that the said Smt. Shail Devi has preferred Cr.W.J.C.No.833 of 2009 which is pending for adjudication. 4. In view of the aforesaid, we refrain ourselves from adverting to the cause that has been canvassed by the petitioner as regards Smt. Shail Devi. 5. At this juncture, Mr. Ajit Sarthi submitted that number of fake encounters has taken place and some innocent people have been lifted from their homes and they are missing. Though, some averments are made to that extent, yet they are absolutely sketchy. 6. In view of the aforesaid, we are not inclined to enter into the said realm at this point of time. However, we grant liberty to the petitioner, a senior citizen and a retired civil servant, to file a properly constituted writ - 3 - petition on the basis of certain data so that the same can be appositely and appropriately dealt with. We have said so that public interest must reflect the collective interest and a public cause which has roots in the public welfare. In a democratic body polity, the law and order situation is paramount and good governance is the sine qua non, but in the absence of concrete assertions, we refrain ourselves to advert to the same and grant liberty to the petitioner to do the needful in the matter. 7. With the aforesaid observation, the writ petition stands disposed of. 8. A free copy of the order be handed over to the petitioner, Mr. Ajit Sarthi by 22.01.2010 so that he can take steps accordingly. Sunil (Dipak Misra, CJ.) (Shiva Kirti Singh, J.)