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.
(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. Self styled saviours who have no face or
ground in the midst of public at large, of late, try to use
such litigations to keep themselves busy and their names in
circulation, despite having really become defunct in actual
public life and try to smear and smirch the solemnity of
court proceedings. They must really inspire confidence in
Courts and among the public, failing which such litigation
should be axed with heavy hand and dire consequences.
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, whereas only 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 at times 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. This tendency is being slowly
permitted to percolate for setting in motion criminal law
jurisdiction, often unjustifiably just for gaining publicity
and giving adverse publicity to their opponents. 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. Apart from the
sinister manner, if any, of getting such copters, the real
brain or force behind such cases would get exposed to find
out whether it was a bona fide venture. 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, as it prima facie gives impression
about oblique motives involved, and in most cases show proxy
litigation. Where the petitioner has not even a remote link
with the issues involved, it becomes imperative for the
Court to lift the veil and uncover the real purpose of the
petition and the real person behind it. 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.
It would be proper to take note of very
significant observations made in the Second Judges' case
about the growing tendency of needless intrusion by
strangers and busybodies in the functioning of the
judiciary under the garb of public interest litigation, in
spite of the caution in S.P. Gupta's case (supra). The note
of caution has yielded no fruitful result and on the
contrary these busybodies continue to make reckless
allegations and vitriolic statements against Judges and
persons whose names are under consideration for judgeship.
Therefore, it has become imperative to take stern actions
against these persons. It is not the ipse dixit of any
individual to say as to whether the recommended person is
fit for appointment, by making wide allegations which has
become common these days and have resulted in delaying
appointment of Judges, though large number of vacancies
exist in different High Courts. All possible care and
caution is exercised before appointment of a Judge is made.
It is true that no system is infallible, but at the same
time the sinister design of people intended to thwart
prospects of a person likely to be appointed as a Judge has
to be nipped at the bud. The petitioner has not shown any
material to show that he is really interested in the
welfare of the judicial system or the institution of the
judiciary. As indicated above, he appears to be a busy
person seeking publicity and a person who has no genuine
concern for the institution, if such type of petitions are
permitted to be entertained it will cause immense damage to
the system itself. High sounding words used in the petition
about the desirability of a transparent judicial system
cannot in our view turn a mis-conceived petition filed with
oblique motives to be treated as a public interest
litigation. This petition deserves to be dismissed with
exemplary costs and we direct so. The petition though
deserves to be dismissed with costs of Rs.50,000/- hoping
that the petitioner would mend his ways and would not
hazard such vexatious litigations in future dismiss the
same with costs of Rs.10,000/- which the petitioner shall
deposit in the Registry of this Court within 6 weeks from
today. If deposit is made it shall be remitted to the
Supreme Court Legal Services Authority. In case the cost is
not deposited within the time stipulated, the Registry
shall forward this order to the Punjab and Haryana High
Court and the High Court shall have it recovered by
coercive means of recovery and remit the same to this
Court, which on receipt shall be paid to the Supreme Court
Legal Services Authority.
In State of H.P. vs. A Parent of a Student of Medical
College, Simla and Ors. (1985 (3) SCC 169), it has been said
that public interest litigation is a weapon which has to be
used with great care and circumspection.
(SCC p.335, para 61)
These aspects have been highlighted in Ashok Kumar
Pandey v. The State of West Bengal (2003 (8) Supreme 299)
Procedure for appointment of a Judge is provided in
Article 217 of the Constitution. The process is an
elaborate one and involves the views of the collegium of
the Court. Where a particular person is to be appointed as
a Judge, the modalities and procedures to be adopted have
been elaborately dealt with in Special Reference No.1 of
1998, Re: (1998 (7) SCC 739). The scope of judicial review
has been specifically delienated, limiting it to want of
consultation with the named constitutional functionaries or
lack or any condition of eligibility and not on any other
ground including that of bias which is in any case is
excluded by the element of plurality in the process of
decision-making.