Court : Kolkata
Reported in : (2008)1CALLT499(HC)
..... when courts are apprised of gross violation of fundamental rights by a group or a class action or when basic human rights are invaded or when there are complaints of such acts as shock the judicial conscience that the courts, especially this court, should leave aside procedural shackles and hear such petitions and extend its jurisdiction under all available provisions for remedying ..... in such cases, a member of the public having sufficient interest can certainly maintain an action challenging the legality of such act or omission, but if the person or specific class or group of persons who are primarily injured as a result of such act or omission, do not wish to claim any relief and accept such act or omission wilingly and without protest, the member of the public who complains of a secondary public injury cannot maintain the action, ..... to the disadvantaged sections of society (women, children, bonded labour, unorganised labour etc.). ..... to see that the member of the public, who approaches the court in cases of this kind, is acting bona fide and not for personal gain or private profit or political motivation or other oblique consideration. ..... general discussion in regard to locus standi, there is one point we would like to emphasis and it is, that cases may arise where there is undoubtedly public injury by the act or omission of the state or a public authority but such act or omission also causes a specific legal injury to an individual or to a specific class or group of individuals. .....
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