- Case
- AMIT VYAS v. UNION OF INDIA THROUGH THE MINISTRY OF ELECTRONICS AND INFORMATION TECHNOLOGY (Bombay High Court, 10-01-2025)
- Law
- Constitution of India, Central Goods and Services Tax Act, Bharatiya Nyaya Sanhita.
Facts: A Public Interest Litigation (PIL) was filed concerning alleged irregularities and illegalities in the online sale of tickets for the "COLDPLAY: Music of the Spheres World Tour" concert in 2025. The petitioner alleged ticket scalping, touting, and black marketing, facilitated by automated bots and secondary ticketing websites, leading to exorbitant prices and GST evasion. A police complaint was filed with the Economic Offences Wing (EOW) regarding these issues, but the investigation faced delays.
Procedural Posture: The petitioner invoked the High Court's jurisdiction under Article 226 of the Constitution of India, seeking a writ of mandamus to direct the Union of India and the State of Maharashtra to take cognizance of the online ticketing scams and frame effective laws and regulations. The petitioner also sought the constitution of an expert committee to study and regulate the online sale of tickets.
Issue: Can the High Court issue a writ of mandamus directing the government to enact specific laws or regulations to address ticket scalping, touting, and black marketing in the online sale of tickets for major events? Can the Court direct the constitution of an expert committee to study and recommend measures to regulate the online ticket sales?
Holding: No, the High Court cannot issue a writ of mandamus compelling the legislature to enact specific laws or regulations, nor can it direct the constitution of an expert committee. The Court dismissed the writ petition.
Reasoning: The Court relied on the principle of separation of powers, stating that it cannot usurp the functions assigned to the legislative bodies under the Constitution by directly or indirectly mandating them to enact specific legislation. Citing Supreme Court precedents like Supreme Court Employees' Welfare Association v. Union of India and State of H.P. v. Parent of a Student of Medical College, the Court emphasized that it cannot compel the legislature to act. The Court also held that the alleged practices of ticket scalping and resale by private entities do not per se violate fundamental rights under Articles 14, 15(2), 19, and 21 of the Constitution, as no direct or substantial involvement of the State or its instrumentality was demonstrated. The Court noted that the Goods and Services Tax Act, 2017, already provides mechanisms to address GST evasion. The Court further stated that it cannot embark on a speculative inquiry or compel the respondents to disclose information on a purely speculative basis, especially when the petitioner has already registered a complaint with the EOW, which is duty-bound to investigate the allegations.
