PIL not a panacea for all wrongs: Himachal Pradesh High Court

Legal Correspondent
Shimla, August 6

The attractive brand name of public interest litigation (PIL) cannot be used for suspicious products of mischief. The HP High Court made this observation while dealing with a petition filed for seeking the postponement of the HP Subordinate Allied Services (Main) Examination-2019 to be held on August 7 to any subsequent time after the Covid-19 crisis eases.

While dismissing the petition with Rs 10,000 cost, a division Bench comprising Justice Tarlok Singh Chauhan and Justice Jyotsna Rewal Dua said, “The public interest litigation has to be aimed at the redress of genuine public wrong or public injury and not publicity-oriented or founded on personal vendetta or private motive. The process of the court cannot be abused for oblique considerations by masked phantoms, who monitor at times from behind”.

Interpreting the purpose of a PIL, the Bench observed, “After all, a public interest litigation is not a pill or panacea for all wrongs. It is essentially meant to protect basic human rights of the weak and the disadvantaged. A public interest litigation is a weapon, which has to be used with great care and circumspection and the judiciary has to be extremely careful to see that behind the beautiful veil of public interest an ugly private malice, vested interest and/or public interest seeking is not lurking”.

The Bench said, “It is to be used as an effective weapon in the armoury of law for delivering justice to the citizens. Courts must do justice by the promotion of good faith and prevent law from crafty invasions. It is for this reason that the court must maintain social balance by interfering for the sake of justice and refuse to entertain where it is against social justice and public good”.

The Bench said, “Now, in case, the credentials of the petitioner are examined, it will be noticed that the petitioner is neither a candidate nor has any concern with the examination in question. Even as per the averments made in the petition, there are as many as 2,331 candidates who will be taking the examination in question and none of these candidates, who are otherwise well educated and qualified, and if aggrieved would have themselves approached this court directly and would not have set up the petitioner as their stooge”.