To curb frivolous PILs, HC asks petitioners to prove bona fides

The ACJ Jamdar-led bench said that due to frivolous petitions, the court was not able to take up other matters and genuine causes that bring change in society are required to be brought by the petitioners.

While hearing a PIL by one Deepak Jagdev against Shinde’s Dussehra rally, the bench told the lawyer that it would proceed in the matter only when the petitioner’s bona fides are established or proved.

It noted that the petition did not contain sufficient details about the petitioner.

“We would dismiss the petition on this ground alone but since the lawyer is saying he will produce the details of the petitioner, we are granting him an opportunity to place on record the details of the petitioner, the source of living, disclosed with documents,” the bench said.

The court also asked petitioner Sanjay Gurav to give his particulars to prove his bona fides or credentials to hear his PIL seeking action against JJ Hospital’s resident doctors for participating in the recent strike against “harassment” and “dictatorship” at the Mumbai facility.

The court said that while it was not saying the cause is not genuine, it raised questions about the petitioner’s credentials and said his particulars should be furnished.

The court said it can remove the petitioner from plea and appoint an amicus curiae to assist it in the matter to continue with the cause.

“We can take suo motu cognizance of media reports and go on with a matter without you (petitioner). Why do we need you for that?” the court questioned.

While hearing a PIL pertaining to road construction contracts, the bench questioned the petitioner about source of information and prima facie observed that it was not satisfied that the petitioner had no personal interest in the issue.

In another matter, the bench sought particulars of credentials of the PIL petitioner to hear the case and said that before listing the plea, the HC registry should have raised objections.

The bench also told two lawyers who are petitioners in PIL that if they wanted to “espouse social cause, they can enrol in legal aid and provide pro-bono services” to the litigants.

While hearing a PIL by a journalist challenging a certain government tender, ACJ Jamdar remarked, “Lesser said the better for such litigations… Frivolous petitions. Bring some genuine cause that brings change in society. We are not able to take up other matters because of such litigation.”

Earlier, as reported by The Indian Express, Justice Sanjay V Gangapurwala (present CJ of Madras High Court) who served as Acting Chief Justice (ACJ) of the Bombay HC for five months till May, this year had directed close to 34 litigants to deposit total of nearly Rs 67.25 lakh as precondition to hear PILs to ensure their “locus standi” (legal standing) or as a cost imposed on dismissal of PILs.