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Tushar Arun Gandhi vs. State of Gujarat

Civil Appeal · 2022 INSC 383Decided 1 Apr 2022
Civil Appeal No. 2660 of 2022
D.Y. Chandrachud · Surya Kant

Background

The appellant, Mahatma Gandhi's great-grandson, filed a PIL in the Gujarat High Court challenging a March 2021 Government Resolution that set up Governing and Executive Councils to redevelop the Sabarmati (Gandhi) Ashram Memorial, arguing the redevelopment should instead be led by the existing trusts that run the Ashram. The Gujarat High Court summarily dismissed the writ petition based on an oral undertaking from the state's Advocate General, without first calling for the State's affidavit in reply or letting pleadings be completed.

Decision Breakdown

The Supreme Court found that the High Court acted prematurely by disposing of the petition without allowing the State of Gujarat to file a proper reply, denying the petitioner a fair opportunity to have his substantive claims examined. The Solicitor General, appearing for the State, agreed that the matter should go back to the High Court. The Supreme Court therefore allowed the appeal, set aside the High Court's judgment, and restored the writ petition to the High Court for fresh consideration after complete pleadings, keeping all parties' rights and contentions open and not expressing any opinion on the merits.

Lesson Learnt

A court cannot dispose of a public interest petition on the strength of an opposing party's oral assurance alone; due process requires giving the respondent a real opportunity to file a considered reply before the case is decided.

Official source (sci.gov.in)View Judgment (PDF)

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