Court highlights the misuse of Public Interest Litigations through unverified social media information, dismissing a petition related to alleged illegal demolition.
In a significant judgment, the Gujarat High Court, presided over by Chief Justice Mrs. Sunita Agarwal and Justice D.N. Ray, dismissed a Public Interest Litigation (PIL) filed by Luhar Jayantibhai Jugabhai. The petitioner had alleged illegal demolition activities at Gujarat College based on a viral WhatsApp video. The court emphasized the importance of verified information and the petitioner's credentials in maintaining the sanctity of PILs.
The petitioner, a resident of Ahmedabad and a community leader, claimed the demolition was conducted without tender proceedings, with government officers allegedly colluding with the college principal. The basis of these claims was a viral video received by the petitioner, which he attempted to verify by visiting the site and taking photographs.
However, the court found the petition lacking in essential verification and substantive evidence. The judges highlighted the need for courts to ensure the genuineness of information and the credibility of petitioners in PILs to prevent frivolous litigations. The court cited previous Supreme Court judgments, noting that PILs should address genuine public interest issues and not be based on vague or unverified information.
The court also referred to guidelines from the Supreme Court case "Dattaraj Nathuji Thaware v. State of Maharashtra," stressing that PILs filed for personal gain or with oblique motives should be dismissed. The judgment reiterated that information circulated on social media, particularly viral videos, could not be relied upon without verification due to the potential for manipulation and misinformation.
In dismissing the PIL, the court did not impose costs but underscored the need for responsible filing of public interest cases, ensuring they are rooted in verified facts and genuine public concern. This decision serves as a caution against the misuse of judicial processes and highlights the judiciary's role in balancing freedom of expression with the need for credible and serious legal claims.
Bottom Line:
Public Interest Litigation cannot be entertained based on unverified viral videos or social media information. The Court must ensure the credentials of the petitioner and the genuineness of the information provided before proceeding with the matter.
Statutory provision(s): Public Interest Litigation, Dattaraj Nathuji Thaware v. State of Maharashtra, Kusum Lala v. Union of India
Luhar Jayantibhai Jugabhai v. State of Gujarat, (Gujarat)(DB) : Law Finder Doc id # 2857776
