The court finds the petition to be an abuse of judicial process, asserting no public interest element in the plea against RIL for FIR registration.
Mumbai, March 27, 2026: In a significant judgment, the Bombay High Court dismissed a writ petition filed by Jitendra Punamchand Maru seeking the registration of a First Information Report (FIR) against Reliance Industries Limited (RIL) and its directors for allegedly extracting gas illegally from Oil and Natural Gas Corporation's (ONGC) wells. The Division Bench, comprising Chief Justice Shree Chandrashekhar and Justice Suman Shyam, ruled that the petition did not serve any public interest and was an abuse of the court's process.
The petitioner alleged that RIL had tapped into ONGC's oil wells through sideways drilling, extracting gas worth approximately USD 155 million, as concluded by a committee led by retired Chief Justice A. P. Shah. Despite these claims, the court emphasized that the matter was a contractual dispute already subject to arbitration, with an arbitral award in favor of RIL pending challenge before the Supreme Court.
The Central Bureau of Investigation (CBI) had previously closed the complaint on grounds that it appeared to be a civil dispute, with no complaint from ONGC or the Union of India. The court agreed with the CBI's stance, noting that the petitioner did not offer any credible justification for waiting over a decade to file the writ petition.
The judgment underscored the necessity for writ petitions under Article 226 of the Constitution to possess a bona fide intent and a public law element, rather than serving private interests or ulterior motives. The court was critical of the petitioner for not demonstrating any genuine public interest or entitlement to relief, labeling the petition as a pretentious projection of public cause.
Senior Advocate Harish Salve, representing RIL, argued that the petition was filed with an oblique motive to tarnish the company's reputation and garner publicity. The court found that the petition lacked merit and was filed with tainted motives, dismissing it outright.
The ruling sends a clear message regarding the misuse of public interest litigation, emphasizing the court's role in safeguarding against such abuse and ensuring petitions genuinely serve the public good.
Bottom Line:
Filing of writ petition seeking registration of FIR under the guise of public interest litigation must establish bona fide intent, public law element, and absence of private or oblique motive. Abuse of process of the court will not be entertained.
Statutory provision(s): Article 226 of the Constitution of India, Section 154 of the Criminal Procedure Code, 1973, Arbitration and Conciliation Act, 1996
