Punjab and Haryana High Court Dismisses PIL Against Appointment of Minority Commission Chairperson

Court Imposes Rs. 25,000 Costs on Petitioner for Filing Sketchy and Unverified PIL

In a significant judgment, the Punjab and Haryana High Court dismissed a Public Interest Litigation (PIL) filed by Jagdish Masih and another petitioner against the appointment of Jatinder Masih Gaurav as the Chairperson of the Punjab State Commission for Minorities. The PIL sought a Writ of Quo Warranto, challenging the appointment on the grounds of qualifications and a pending criminal case. However, the court found the allegations to be baseless and the petition lacking due diligence and specificity.

The judgment was delivered by Chief Justice Sheel Nagu and Justice Sanjiv Berry, who noted that the FIR against the respondent had been quashed in 2009, and that he possessed the requisite educational qualifications for the position. The court observed that the petitioners failed to verify the facts before filing the petition, which resulted in misuse of the judicial process.

The Advocate General of Punjab, Mr. Maninderjit Singh Bedi, along with Senior Deputy Advocate General Mr. Salil Sabhlok, represented the State, arguing against the claims made in the PIL. The court took note of the arguments and evidence provided by the respondents, including the matriculate examination marks sheet dated May 16, 2025, showing that the respondent was a 10th class pass.

Highlighting the importance of thorough fact-checking and specificity in PILs, the court emphasized that judicial resources should not be squandered on frivolous or ill-founded claims. Consequently, the court imposed a cost of Rs. 25,000 on the petitioner, directing it to be deposited with the PGI Poor Patient Welfare Fund, Chandigarh, within 15 days.

This judgment serves as a reminder of the need for responsible litigation practices and the importance of verifying claims before approaching the judiciary. The decision underscores the judiciary's role in safeguarding judicial processes from being misused under the guise of public interest.

Bottom Line:

Public Interest Litigation (PIL) dismissed for lack of due verification of facts and misuse of judicial process; costs imposed on the petitioner. 

Statutory provision(s): Article 226 of the Constitution of India, Sections 364-A, 342 read with Section 34 of the Indian Penal Code.

Jagdish Masih v. State of Punjab, (Punjab And Haryana)(DB) : Law Finder Doc Id # 2783919