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Landmark Ruling by Bombay High Court: Petitioners of Frivolous PILs Must Substantiate Bonafides

Last Updated: 2023-06-22 12:53:28
Landmark Ruling by Bombay High Court: Petitioners of Frivolous PILs Must Substantiate Bonafides

Bombay High Court Cracks Down on Frivolous PILs, Demands Proof of Petitioners' Bonafides

Acting Chief Justice Nitin Jamdar of the Bombay High Court voiced his frustration on Wednesday regarding the influx of frivolous Public Interest Litigation (PIL) petitions flooding the court. The judge expressed concern over the valuable time wasted by such baseless petitions and urged petitioners to bring forth genuine causes that contribute to societal change. 

During the hearing of a PIL challenging a government tender, the judge questioned the motives of a journalist petitioner, inquiring about the source of their information and highlighting the need for full disclosure as per the Bombay High Court (Public Interest Litigation) Rules of 2010. Similar scrutiny was applied to two lawyer-petitioners, prompting the judge to suggest their enrollment with legal aid services for effective advocacy of social causes.

Emphasizing the importance of determining the petitioners' authenticity and the genuineness of their cause, the judge insisted on the submission of detailed information by the petitioners. The court proposed the appointment of an amicus and raised the possibility of proceeding without the petitioner's involvement if their bonafides were not established. The bench, led by Acting Chief Justice Jamdar, directed PIL petitioners to file affidavits containing crucial details such as occupation, source of income, and evidence substantiating their concerns with zero personal interest.

To maintain the integrity of the court and discourage baseless litigation, the High Court warned that petitions failing to satisfy the requirements would be dismissed. The Acting Chief Justice also expressed dissatisfaction with the court registry for failing to flag the absence of necessary details during the listing of these petitions for hearing.

Since assuming the role of Acting Chief Justice on May 31, following the departure of Chief Justice RD Dhanuka, Justice Jamdar has been actively overseeing PILs filed at the principal bench of the Bombay High Court on Wednesdays. As of now, the bench, under his leadership, has issued 13 orders dealing with such matters.

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TAGS: Bombay High Court Acting Chief Justice frivolous PILs bonafides petitioners genuine cause valuable time journalist lawyer-petitioners legal aid services affidavits dismissal court registry


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