Public Interest Litigation Filed with Ulterior Motives; Exemplary Costs Directed for Deterrence Against Misuse
In a significant judgment, the Division Bench of the Gujarat High Court, comprising Chief Justice Mrs. Sunita Agarwal and Justice D.N. Ray, dismissed a Public Interest Litigation (PIL) filed by Janaksinh Khushalsinh Parmar against the Ministry of Culture, Government of India, and others. The court found the PIL to be a misuse of judicial process, filed with ulterior motives and in violation of the norms prescribed for PILs.
The PIL revolved around the alleged illegal construction activities near the "Small Stone Mosque," a monument of national importance under the Ancient Monuments and Archaeological Sites and Remains Act, 1958. The petitioner claimed that the construction was taking place within the prohibited area of the monument, which is not permissible under the law.
However, the court observed that the construction site fell within the regulated area, not the prohibited area, as validated by the Archaeological Survey of India. The court also noted that the petitioner, who has a criminal background, filed the PIL with the intent to harass and blackmail the respondents, particularly targeting projects by the developer Exeter.
Highlighting the abuse of the PIL process, the court emphasized the importance of maintaining the sanctity of PILs, which are meant to serve genuine public interest. The bench criticized the petitioner for failing to disclose his criminal background and past involvement in frivolous litigations, which contravened the High Court of Gujarat (Practice and Procedure for Public Interest Litigation) Rules, 2010.
In a stern measure to deter such misuse of judicial resources, the court imposed exemplary costs of Rs. 10 lakh on the petitioner. The amount is to be deposited with the Gujarat State Legal Services Authority within two months, with a directive that it be used for welfare projects for orphaned children. Failure to comply will result in the recovery of the amount as arrears of land revenue.
This judgment serves as a reminder of the judiciary's role in safeguarding against the exploitation of PILs, ensuring they remain a tool for advancing genuine public causes rather than personal vendettas.
Bottom Line:
Abuse of Public Interest Litigation process - Filing of PIL with ulterior motives and violation of PIL norms results in dismissal with imposition of exemplary costs.
Statutory provision(s):
- Chapter II of High Court of Gujarat (Practice and Procedure for Public Interest Litigation) Rules, 2010
- Ancient Monuments and Archaeological Sites and Remains Act, 1958, Section 20A
