JUDGMENT M. Katju and S.L. Saraf, JJ.
1. Heard learned counsel for the parties.
2. This is a public interest litigation filed by a former Air Force Officer in which he has prayed for a mandamus to the respondents not to issue free rail passes to Ex-Members of Parliament. It has been alleged in this petition that the respondent is giving free railway passes to former Members of Parliament. In our opinion, this is wholly illegal and in violation of Article 14 of the Constitution. In a poor country like ours, such passes cannot be given in this manner. Former M. Ps. are not a privileged group.
3. Shri Govind Saran, learned counsel for the railways submitted that the ex-M.Ps. have not been impleaded in this petition. In our opinion, this is a policy matter and hence there is no need to implead the Ex-M.Ps. He has then alleged that the petitioner is not an aggrieved person. In our opinion, this is a public interest litigation and can be filed by anyone. In fact, we appreciate the good spirit of the petitioner who as a responsible citizen of the Republic is fully entitled to file this petition.
4. Hence the rail passes issued by the railways in favour of Ex-M.Ps. are declared illegal and are hereby cancelled from today and the authorities are directed not to issue any free passes to any Ex-Member of Parliament in future. The petition Is allowed.