June 2, 2013

Are All Private Bodies (Like Cricket Bodies, Pvt Hospitals) subject to control of High Courts? Yes.

There is a wrong general impression that writ petition in High Court cannot be filed against private bodies like cricket associations, or private hospitals or private companies.

This impression is not correct. Writ petition does not lie against Private Bodies 1) To settle private disputes 2) To settle contractual dues.

But when such a private body is engaged in activity which affects large number of public and which is acting in arbitrary manner, writ petition can lie against such bodies to direct them to discharge their duties to public in proper and transparent manner.

The first case I read about this was against B M Institute of Mental Health where Justice M B Shah has delivered judgement.

Apart from these there are many judgements of Supreme Court on this issue.

Haresh Raichura
2/6/13 15:31