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Zarmina Israr Khan v. Union of India
Factual and Procedural Background
The petitioner submitted a writ petition concerning the availability of sanitary napkins to women, emphasizing it as a dire need. The court acknowledged the urgency and directed that the matter be heard without delay. The court issued a notice to show cause why a rule nisi should not be issued and ordered the filing of a counter affidavit within four weeks, with an opportunity for rejoinder before the next hearing. A Press Note dated 10-7-2017 issued by the Press Information Bureau was placed on record. The petitioner was also permitted to provide a three-page summary of the writ petition to the respondent’s learned standing counsel, who was directed to forward it to the Secretary, Ministry of Finance, Government of India, for consideration. The matter was scheduled for hearing on 15-11-2017.
Legal Issues Presented
- Whether the availability of sanitary napkins to women constitutes a matter of urgent public interest warranting judicial intervention.
- Whether a rule nisi should be issued in the writ petition filed by the petitioner.
Arguments of the Parties
The opinion does not contain a detailed account of the parties' legal arguments.
Table of Precedents Cited
No precedents were cited in the provided opinion.
Court's Reasoning and Analysis
The court recognized the submissions and statistical evidence presented by the petitioner highlighting the critical need for sanitary napkins for women. This recognition of urgency justified expediting the hearing process. The court’s procedural directions—issuance of notice to show cause, requirement of a counter affidavit, and allowing a rejoinder—reflect adherence to principles of natural justice and procedural fairness. By taking the Press Note on record and facilitating communication with the Ministry of Finance, the court ensured that relevant governmental authorities were informed and involved in the matter. The court’s approach indicates a balancing of judicial oversight with administrative responsiveness in addressing a public health concern.
Holding and Implications
The court's final order allowed the exemption application (CM No. 25062/2017) subject to exceptions and disposed of the connected matter. The directions to issue notice and file counter affidavits indicate the court’s intent to proceed with substantive consideration of the writ petition. The matter was listed for further hearing on 15-11-2017.
The decision directly affects the procedural progress of the writ petition concerning sanitary napkin availability but does not establish any new legal precedent or broader implications beyond the immediate case.
[Order]. - CM No. 25062/2017 (exemption) : Allowed, subject to all just exceptions.
CM stands disposed of.
W.P. (C) No. 6034/2017
1. Given the submissions made by the learned counsel for the petitioner enclosing the statistics regarding availability of sanitary napkins to women is a dire need, the matter books no delay and deserves to be heard.
2. Issue notice to show cause as to why rule nisi be not issued.
3. Counter affidavit be filed within four weeks from today. Rejoinder thereto, if any, be filed before the next date of hearing.
4. Mr. George has placed a copy of the Press Note issued by the Press Information Bureau dated 10-7-2017 and the same is taken on record.
5. In case the petitioner so deems, he may place three pages summary of the writ petition to the learned standing counsel for the respondent who shall place the same to the Secretary, Ministry of Finance, Government of India within two days from today to look into the same.
6. List on 15-11-2017.
7. Dasti to the parties.
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