Supreme CourtDivision Bench

Manohar Lal Sharma, Advocate vs Union Of India

Supreme Court Of India · Decided on 14 September 2016 · Citation: (2016) 8 Scale 707 : (2016) 13 SCC 710

HON’BLE JUDGES
Mr. Dipak Misra and Mr. Uday Umesh Lalit JJ.
ACTS & SECTIONS REFERRED
Constitution of India, 1950 — Article 32
RESULT
Dismissed
CASE NUMBER
Writ Petition (s) (Criminal) No (s) . 129 of 2016
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Judgment

4 paragraphs · 207 words
1.

Heard Mr. Manohar Lal Sharma in person.

2.

In this petition preferred under Article 32 of the Constitution of India, the petitioner has sought many a relief. The principal prayer is that the funds sanctioned to the State of Jammu & Kashmir on various heads is in breach of constitutional provisions and, therefore, the concerned authorities are required to be booked under Section 409 of the Indian Penal Code along with Section 13(1)(d)(ii) of the Prevention of Corruption Act, 1988. It is also urged by Mr. Sharma that the respondents should be prohibited from giving any kind of funds to the State of Jammu and Kashmir.

3.

Having heard Mr. Sharma at length, we are of the considered opinion that the grant of funds to State of Jammu and Kashmir for the purposes of security or otherwise is within the exclusive domain of the Central Government. In a matter like this, we are of the considered opinion that a public interest litigation does not deserve to be entertained and, therefore, we are not inclined to interfere. That apart, needless to emphasise, it is not a judicially manageable proceeding and the Court should refrain from entering into the said area.

4.

The writ petition is accordingly dismissed.