Ms .ShamimModivs .Ms .SudhaChowdhary , District Collector and Ors.

MANU/MP/0319/2008

Petitioner was running Non-Governmental Organization (NGO) for welfare of Tribals. Some excavation works were conducted by respondents in forest. The Petitioner’s organization protested against the said excavation. Therefore some members of said organization were arrested by Respondent department. Separate criminal cases were filed against petitioner and her husband. Hence, present Public Interest Litigation(PIL) to protect rights of Tribes. Held, according to facts members of petitioner’s NGO were arrested on alleged violation of provisions of Criminal Laws. Therefore the court held that the arrest cannot be held as unconstitutional. And further held, the question of separate criminal cases against petitioner and her husband cannot be entertained in PIL. For that petitioner could take resort of respective laws. Hence, order of Respondent need no interference. PIL accordingly disposed of.