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1 - 10 of 25 (0.26 seconds)Article 21 in Constitution of India [Constitution]
S.P. Gupta vs Union Of India & Anr on 30 December, 1981
In Gupta's case (supra) it was emphatically pointed out that
the relaxation of the rule of locus standi in the field of PIL
does not give any right to a busybody or meddlesome interloper to
approach the Court under the guise of a public interest litigant.
He has also left the following note of caution: (SCC p.219, para
Daya Singh vs Union Of India And Ors on 24 April, 1991
SCC 87); Daya Singh
vs. Union of India, (1991 (3) SCC 61) and Janata Dal vs. H.S.
Choudhary, (1992 (4) SCC 305) to substantiate the plea that the
petitioner had locus standi to present the petition in public
interest and this was a genuine public interest litigation.
Janata Dal vs H.S. Chowdhary And Ors. on 28 August, 1992
In subsequent paras of the said judgment, it was observed as
follows:
Ramjas Foundation And Ors vs U.O.I. And Ors on 13 November, 1992
See Ramjas
Foundation vs. Union of India, (AIR 1993 SC 852) and K.R. Srinivas
vs. R.M. Premchand, (1994 (6) SCC 620).
K.R.Shinivas vs R.M. Premchand on 30 September, 1994
See Ramjas
Foundation vs. Union of India, (AIR 1993 SC 852) and K.R. Srinivas
vs. R.M. Premchand, (1994 (6) SCC 620).
State Of Maharashtra vs Prabhu on 3 November, 1993
Courts must do justice by promotion of good faith, and
prevent law from crafty invasions. Courts must maintain the
social balance by interfering where necessary for the sake of
justice and refuse to interfere where it is against the social
interest and public good. (See State of Maharashtra vs. Prabhu,
(1994 (2) SCC 481), and Andhra Pradesh State Financial Corporation
vs. M/s GAR Re-Rolling Mills and Anr., (AIR 1994 SC 2151). No
litigant has a right to unlimited drought on the Court time and
public money in order to get his affairs settled in the manner as
he wishes. Easy access to justice should not be misused as a
licence to file misconceived and frivolous petitions.
Dr. Buddhi Kota Subbarao vs Mr. K. Parasaran & Ors on 13 August, 1996
(See Dr.
B.K. Subbarao vs. Mr. K. Parasaran, (1996) 7 JT 265). Today people
rush to Courts to file cases in profusion under this attractive
name of public interest. They must inspire confidence in Courts
and among the public.
Dr. Duryodhan Sahu And Ors vs Jitendra Kumar Mishra And Ors on 25 August, 1998
As noted supra, a time has come to weed out the petitions,
which though titled as public interest litigations are in essence
something else. It is shocking to note that Courts are flooded
with large number of so called public interest litigations where
even a minuscule percentage can legitimately be called as public
interest litigations. Though the parameters of public interest
litigation have been indicated by this Court in large number of
cases, yet unmindful of the real intentions and objectives, Courts
are entertaining such petitions and wasting valuable judicial time
which, as noted above, could be otherwise utilized for disposal of
genuine cases. Though in Dr. Duryodhan Sahu and Ors. v. Jitendra
Kumar Mishra and Ors. (AIR 1999 SC 114), this Court held that in
service matters PILs should not be entertained, the inflow of so-
called PILs involving service matters continues unabated in the
Courts and strangely are entertained. The least the High Courts
could do is to throw them out on the basis of the said decision.
The other interesting aspect is that in the PILs, official
documents are being annexed without even indicating as to how the
petitioner came to possess them. In one case, it was noticed that
an interesting answer was given as to its possession. It was
stated that a packet was lying on the road and when out of
curiosity the petitioner opened it, he found copies of the
official documents. Whenever such frivolous pleas are taken to
explain possession, the Court should do well not only to dismiss
the petitions but also to impose exemplary costs. It would be
desirable for the Courts to filter out the frivolous petitions and
dismiss them with costs as afore-stated so that the message goes
in the right direction that petitions filed with oblique motive do
not have the approval of the Courts.