Taufik Khan vs Union Of India & Ors.
2017 Latest Caselaw 1582 Del

*      IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                       Pronounced on : 24th March, 2017
+      W.P.(C) 7978/2016
       TAUFIK KHAN                                          ..... Petitioner
                           Through: Mr.Shyam, Adv.
                      Versus
       UNION OF INDIA & ORS.                     ..... Respondents
                     Through: Mr.Rajesh Gogna, CGSC with
                     Mr.Vidur Mohan, Adv. for R-1&2.
       CORAM:
       HON'BLE THE CHIEF JUSTICE
       HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

                              JUDGMENT

: Ms.G. ROHINI, CHIEF JUSTICE

1. This petition by way of Public Interest Litigation has been filed with a prayer to direct the respondents to conduct verification of Companies registered outside the territory of India which are trying to obtain the licence for Pre-shipment Inspection Agency.

2. Though it is pleaded in the petition that the Director General of Foreign Trade issued public notices dated 18.05.2015 and 05.06.2015 inviting the applications from new companies for grant of licences for Pre-shipment Inspection Agency, a copy of the same has not been filed. The only material placed on record is the Minutes of the Inter-Ministerial Committee for recognition and review of Pre-shipment Inspection Agency in which it was decided by the Committee to recognize some of the foreign companies for issuing Pre-shipment Inspection Certificates.

3. The petitioner alleges that the decisions taken by the Inter-Ministerial Committee were not preceded by proper verification of the credentials of the foreign companies. It is also alleged that there are no guidelines for grant of such recognition to foreign companies.

4. It is also brought to our notice by the petitioner that he got issued the legal notice dated 17.08.2016 to the Joint Director General, Foreign Trade and Chairman, PSIC Committee, New Delhi alleging that one Rajat Kapoor has formed some bogus companies and has been trying to obtain licence of scrap verification and stating that grant of licence to such bogus companies would be a threat to security of India. Thus, the DGFT was called upon not to grant any licence to the said companies.

5. We are not inclined to entertain the writ petition firstly for the reason that the averments in the petition are absolutely vague and unsubstantiated. It also appears to us that the petition is aimed at targeting an individual company and no real and genuine public interest is involved.

6. Accordingly the writ petition is dismissed.

CHIEF JUSTICE

SANGITA DHINGRA SEHGAL, J MARCH 24, 2017 kks