Criminal record could be a bitter pill when filing PILs….Shibu Thomas
Mumbai: Beware of filing public interest litigations (PILs) if you have criminal cases pending against you.Setting the bar high for people who espouse PILs,the Bombay high court has drawn the line when it comes to entertaining petitions filed by persons with criminal records.
The confidence of the court in relying upon a person is shaken,if persons who are facing criminal proceedings are trying to agitate a public cause by way of PILs, said a division bench of Justice P B Majmudar and Justice Amjad Sayed.Entertaining PILs filed by persons when their character is doubtful would not be proper, the court added.
The courts remarks came during the hearing of a PIL filed against illegal constructions in Dahanu by Santosh More,who claimed to be a social worker.The judges were informed that More not only had criminal cases against him but the police had also initiated externment proceedings against him.Refusing to continue to hear Mores PIL in view of the allegations against him,the high court disposed of the case.
The high court,however,told the Dahanu Municipal Council to be vigilant against unauthorized constructions and to take action against such structures.
Mores lawyer claimed that though the petitioner may have a criminal record it was not a ground to reject his PIL.The advocate said the court had to ultimately deal with the issue of illegal constructions.
The judges did not agree,pointing out that the court can entertain PILs provided it was convinced that the person who has filed it has an unblemished character and his credentials are not doubtful.
Under the guise of social work,if in a given case,the petitioners are indulging in the business of self-interest and blackmailing others,the court should not entertain such PILs, the judges said.PILs,the court added,should not be in the nature of a personal grievance as such a person may try to use the forum to settle personal disputes.
While entertaining PILs,the court is required to see as to whether the person is approaching the court with clean hands with a view to assist the society.
The courts observations came in the background of the high court framing guidelines for PILs and for rooting frivolous petitions.
The guidelines include levying heavy costs on persons who file frivolous petitions.
On January 18,2010,the Supreme Court had said that the time had come to encourage genuine and bona fide PILs,but effectively discourage and curb PILs filed for extraneous considerations.