1 mss CRIPIL+27 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL PIL NO. 27 OF 2010 JAYPRAKASH NARAYAN UNECHA .. PETITIONER Vs. RAMESHCHANDRA BANG & ORS. .. RESPONDENTS Ms. S. D. Khot for the petitioner Mr. P.A. Pol, PP Mr. Nitin Jamdar i/b Vijay Kiledar for R-6 Mr. Ashwini A. Thakkar i/b N.P. Deshpande for R-7. CORAM: SMT. RANJANA DESAI & RAJESH G. KETKAR, JJ. DATED : 20/4/2011 P.C.: The petitioner’s grievance is about the issuance of bogus ration cards by the rationing officers of Pune Division, Pune. 2. We had heard this petition at some length on the last occasion. As we found that the petitioner had suppressed that number of criminal cases are pending against him and that he has also suppressed that Gulabchand Dangi, respondent 6 is his father-in-law with whom his relations are strained, in the 2 mss CRIPIL+27 light of judgment of the Supreme Court in State of Uttranchal v. Balwant Singh Chaufal & Ors., 2010 (3) SCC 402, we had imposed costs of Rs. 50,000/- on the petitioner. We are informed that the petitioner has deposited the said costs. We had also expressed that the petitioner cannot be allowed to prosecute the instant PIL. After we made this clear to the petitioner, he made serious allegations against his counsel. He told us that though he had given necessary particulars to his counsel, his counsel had not brought those particulars to the notice of this court. We do not want to go into the petitioner’s dispute with his lawyer. In any case in the interest of justice, we asked him whether we should provide a lawyer to him to which he answered in the affirmative. We, therefore, requested learned counsel Ms. Khot, to appear for the petitioner and assist the court. Ms. Khot graciously agreed to do so and she has ably assisted us. We thank her for that. 3. Mr. Pol, learned PP informed that that so far as respondent 6 is concerned, his licence is cancelled in the year 2008 and FIR is lodged against him under Section 420, 468, 470, 471 of the IPC. There is also an order passed against him asking him to pay compensation. Mr. Jamdar, learned counsel for respondent 6 informed us that the petitioner has challenged the said order and the proceedings are pending before the Commissioner of Food and Civil Supplies. Mr. Jamdar stated that respondent 6 does not want to renew the licence. Mr. Jamdar has taken 3 mss CRIPIL+27 written instructions from respondent 6 copy of which is taken on record and marked ‘X’. 4. So far as respondent 7 is concerned, his counsel Mr. Deshpande, informed us that respondent 7’s licence is cancelled. Respondent 7 has filed appeal which is pending with the Minister of Food and Civil Supplies. So far as respondent 8 is concerned, his licence is suspended. A complaint filed against him is pending at Chaturshrungi Police Station, Pune. Thus in respect of all these respondents action has already been taken. As already noted by us the petitioner has made an attempt to agitate his personal dispute through this petition by bringing those cases where action is already taken before this court. 5. We had, however, expressed concern over the racket of bogus ration cards. Mr. Pol, learned PP was asked to obtain instructions. On instructions from the concerned department, Mr. Pol submitted that by letter dated 5/3/2011 the State Government has directed an enquiry to be conducted by the Collector, Pune in respect of bogus cards issued by the Rationing Department, Pune. Enquiry is also directed to be conducted in respect of misappropriation of foodgrains allotted to the fair price shops. Mr. Pol has drawn our attention to order dated 11/4/2011 passed by the Collector, Pune City fixing the schedule of enquiry. The order states the time frame within which after completion of the enquiry, report will be 4 mss CRIPIL+27 prepared. There is yet another letter dated 13/4/2011 issued by the Collector, Pune. This letter is in respect of entire Pune District. The letter indicates that similar enquiry will be conducted in Pune District. The names of the officers who have been assigned the job in respect of particular areas of Pune District have been stated in the said letter. As per this letter the enquiry will be completed by 31/10/2011 and report will be submitted to the Collector for further action. Copy of Circular dated 11/2/2011 has also been tendered in the court. This circular states that inquiry will be conducted in all districts of Maharashtra to find out whether ration cards are issued to persons who are not eligible. Enquiry will also be conducted to find out whether any bogus ration cards are issued. We are happy to note that the Government has decided to conduct enquiry throughout the State of Maharashtra. We hope that the officers, who are entrusted with this task of conducting enquiry will abide by the time schedule, complete the enquiry and submit report to the Collector. If any bogus ration cards are issued or if ration cards have been issued to any ineligible persons and that comes to light, necessary steps will have to be taken to cancel those ration cards. State will also have to take steps to ensure that ration cards are issued to only those who are eligible. 6. We hope and trust that the Government abides by the assurances which are given to us through learned PP. So far as respondents 7 and 8 5 mss CRIPIL+27 are concerned, the steps which the State wishes to take against them should be taken independently and in accordance with law. We would like to make it clear that we have not expressed any opinion either in their favour or against them. 7. We find substance in Ms. Khot’s submission that it is also necessary to find out who are those officers or other connected persons who are party to the issuance of bogus ration cards or issuance of ration cards to ineligible persons. If any officers or any other persons are identified as responsible for any scam of bogus ration cards State should take stringent action against them so that such things are not repeated in future. 8. We dispose of the petition in the aforestated terms. However, the petition shall appear on the board of the regular court on 21/11/2011 for compliance report. We expect the Collector to submit a compliance report to this court on 21/11/2011. (SMT. RANJANA DESAI, J.) (RAJESH G. KETKAR, J.)