The Hindu : National : Supreme Court caution on abuse of PIL

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Wednesday, Dec 22, 2004

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Supreme Court caution on abuse of PIL

By Our Legal Correspondent

NEW DELHI, DEC. 21. The Supreme Court has cautioned that the unregulated use of Public Interest Litigations (PIL) petitions would make them a vindictive tool in the hands of unscrupulous people. A Bench of Justice Arijit Pasayat and Justice S.H. Kapadia asked the High Courts to be careful while entertaining such PIL pleas. It said some persons indulged in the pastime of meddling with the judicial process either by force of habit or from improper motives.

`Private malice'

The Bench observed: "The judiciary has to be extremely careful to see whether behind the beautiful veil of public interest an ugly private malice, vested interest or publicity seeking is not lurking."

The Judges noted that the latest trend had given birth to another form of litigation — "Paise Income Litigation" — to plague the promising concept of PIL which was already ravaged by the craze for publicity, private interest and politics.

The Bench dismissed an appeal against a judgment of the Bombay High Court imposing Rs. 25,000 costs, while dismissing a PIL by an advocate who was caught while taking "black mailing" money. It said courts had to act ruthlessly while dealing with impostors and busybodies or meddlesome interlopers impersonating as public-spirited men. The concept of PIL was devised to help the judiciary in extending its long arm of sympathy to the poor, ignorant, oppressed and the needy, the it noted.

`Sad reflection'

On the alleged misuse of law by an advocate to extract money from some persons, the Bench said: "This case is a sad reflection on members of the legal profession and is almost a black spot on the noble profession."

The court directed that the copy of the order be delivered to the Bar Council of India and the Supreme Court Bar Association to help them take measures to expose those guilty of wrongdoing.

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