LUCKNOW: The high court here onThursday dismissed a public interest litigation (PIL) seeking direction,requiring the Governor of Uttar Pradesh to summon UP Legislative Assembly todecide the government''s strength.
This order was passed by a division benchof the high court comprising Justice SP Srivastava and Justice GK Gupta on a PILfiled by one SN Tripathi and another person.
The court observed that nojustifiable ground has been made in the PIL for any interference by the highcourt by exercising extra ordinary jurisdiction as envisaged under article 226of the Constitution. The PIL was based on certain news items published in thenewspaper and also telecast by Doordarshan and the petitioners do not own anyresponsibility in regard to the correctness or truthfulness of the assertionsmentioned above, and want to rely on just hearsay.
The bench, whiledismissing the petition observed that the statement of fact contained in anewspaper is merely hearsay and therefore inadmissible in absence of the makerof the statement before the court of law. The petition was opposed by theAdvocate General of UP SC Mishra.