Supreme Court frowns upon frivolous PILs

Tribune News Service

Satya Prakash

New Delhi, March 1

Noting that thousands of frivolous petitions were burdening the docket of constitutional courts, the Supreme Court has advised courts to be cautious when examining locus standi of PIL petitioners.

Be cautious

One of the measures this court can adopt to ensure that frivolous or private interests are not masqueraded as genuine claims is to be cautious when examining locus standi. The Bench

“If the court concludes that the litigation was initiated under the shadow of reasonable suspicion, then the court may decline to entertain the claims on merits. In these cases, courts have multiple options — such as dismissing the PIL or appointing amicus curiae, if the cause espoused in the case requires the immediate attention of the court,” a Bench led by CJI NV Ramana said on Monday.

The Bench disapproved of the Bombay High Court’s decision to entertain a PIL challenging a Maharashtra Government order in favour of one “Gonsalves family” in a dispute over a piece of land measuring five acres and 20 gunthas, ignoring the objections raised about his locus standi.

“We hold that the institution of PIL is nothing more than an abuse of the process which cannot be allowed in the facts and circumstances so narrated,” it said.

“Our conclusion is further bolstered by the fact that the state has clearly indicated that they do not have any interest in pursuing the ownership of the land in question and have admitted to the title of the appellants herein,” it noted.

“One of the measures this court can adopt to ensure that frivolous interests are not masqueraded as genuine claims is to be cautious when examining locus standi,” the SC said. “Generally, PIL, being a summary jurisdiction, has limited powers to examine the bona fides of parties. It is usually on the pleadings that the court should take a prima facie view on the bona fides of the party,” it noted.

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