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Posted On : 18 Mar, 2017  Source : PTI  Place : Chennai 
HC dismisses PIL based on newspaper report
The Madras High Court has dismissed a writ petition, saying it was filed purely on the basis of a newspaper report and the court cannot take judicial notice of such reports.

The petitioner, an advocate, had alleged that police officials were borrowing and lending money without obtaining prior sanction from government.

He sought a direction to the state government to issue a circular to all police stations to restrain police officials "from lending and borrowing money without obtaining prior sanction from government."

The petitioner had filed the PIL based on a newspaper report in January this year.

Dismissing the plea recently, the first bench, comprising Acting Chief Justice Huluvadi G. Ramesh and Justice RMT. Teeka Raman, said "the writ petition has been filed purely on the basis of the newspaper report... "

It said no judicial notice can possibly be taken of the newspaper reports "in the absence of the maker of the statement appearing in court and deposing to have perceived the facts reported. This principle of law has been laid by Apex Court and has been reiterated in a catena of decisions rendered thereafter."

"...In the case on hand, this court cannot take judicial notice of the newspaper reports and the grounds urged are certainly vague and indefinite."

The bench said the petitioner has not brought to the notice of the court any specific instance of money lending or borrowing with documents to establish the plea.

" We do not find any justification to entertain the present writ petition," it said, dismissing the plea.

The PIL was filed before the first bench, seeking a direction to the Chief Secretary, Home Secretary and the state DGP for effective implementation of Tamil Nadu Subordinate Police officers conduct Rules 1964 "to restrain police officials from lending and borrowing money without prior sanction from the government."