Bombay High Court comes down on frivolous PILs; orders petitioners to prove bonafides

Bombay High Court Acting Chief Justice Nitin Jamdar on Wednesday expressed his exasperation at the frivolous ‘public interest litigation’ (PIL) petitions being filed before the High Court. .While disposing of a PIL, the judge said that frivolous petitions were taking up the valuable time of the Court.“Lesser said the better for such litigations... Frivolous petitions. Bring some genuine cause that brings change in society. We are not able to take up other matters because of such litigations,” the judge said. The Court made the remark while dealing with a plea by a journalist who had challenged a tender issued by the State government. The judge questioned why a journalist was concerned about one particular tender, where he received his information from, and why such details were not disclosed in the petition as per the requirement under the Bombay High Court (Public Interest Litigation) Rules of 2010..Two other petitions filed by lawyers prompted the Court to query why they were concerned with the cause. The judge also asked the lawyer-petitioners if they had enrolled themselves with the legal aid services. “If you want to espouse a social cause, enrol in legal aid and provide pro bono services,” the judge suggested. .The judge also insisted on the submission of the details of various petitioners to verify if they had approached the court with bonafide interest and for public interest and if their cause was genuine. “We can remove the petitioner and appoint an amicus and continue with the cause. If you (petitioner) want to be associated with the cause, file your particulars. We are not saying the cause is not genuine. We are saying, petitioner is not genuine. We can take suo motu cognizance of media reports and go on with a matter without you. Why do we need you for that?”, the Acting Chief Justice queried. .The bench led by the Acting Chief Justice proceeded to direct various PIL petitioners to file affidavits placing on record their bonafides. The Court asked these petitioners to specify details such as their occupation, source of income, and the source of information leading to filing of such petitions, with documents to prove their claims.Such affidavit should also contain documentary proof substantiating why the petitioners were concerned with the cause and had zero personal interest, the Court said.The Court also warned the petitioners that their petitions would be dismissed if they are unable to satisfy the Court about their bonafides. The Acting Chief Justice further expressed his dissatisfaction with the registry for not flagging absence of these details before listing these petitions on the board for hearing.Acting Chief Justice Jamdar has been hearing PILs filed at the principal bench of the Bombay High Court on Wednesdays every week. So far, the bench led by him has passed 13 such orders since he took charge as the Acting Chief Justice on May 31, after Chief Justice RD Dhanuka demitted office. .[Read orders of June 7 and 14]