Court warns against misuse of PIL jurisdiction for personal or publicity motives, emphasizing the need for genuine evidence and cause.
In a significant ruling, the Allahabad High Court dismissed a Public Interest Litigation (PIL) filed by petitioner Nasir Farooq, which alleged harassment of shopkeepers dealing in non-vegetarian food during the 'Kanwar Yatra.' The court, presided over by Chief Justice Arun Bhansali and Justice Kshitij Shailendra, found the petition to lack substantial evidence and deemed it a misuse of the PIL jurisdiction, ultimately labeling it as a "Publicity Interest Litigation."
The petitioner, represented by advocates Anita Singh and Mustaqeem Ahmad, claimed that shopkeepers in District Amroha were being forced to close their non-vegetarian food outlets from July 30 to August 24, 2026, during the 'Kanwar Yatra.' As evidence, the petitioner attached blank notices allegedly signed by the Incharge Inspector of P.S. Amroha Nagar, purportedly served to the shopkeepers. However, the petition failed to specify the names of any affected shopkeepers or present concrete evidence of harassment.
In delivering the judgment, Chief Justice Arun Bhansali highlighted the absence of material evidence and questioned the petitioner's motives, noting that the petitioner had previously sought to close liquor shops along the 'Kanwar Yatra' route. The court expressed concerns that the PIL was filed with ulterior motives, possibly aiming for personal gain or publicity rather than genuine public interest.
The bench emphasized that PILs should not be used as a tool for personal agendas or to attract media attention. They reiterated the necessity for litigants to present actual causes and substantial evidence when filing such petitions, warning against the degradation of the PIL mechanism into a publicity stunt.
The court's decision underscores the judiciary's commitment to preserving the sanctity of PILs, ensuring they are reserved for genuine public interest issues rather than being exploited for individual or publicity-driven motives.
Bottom Line:
Public Interest Litigation (PIL) - Misuse of PIL jurisdiction - A petition filed without actual pleading of cause and proper material, and aimed at personal motives or publicity, cannot be entertained as a genuine PIL.
Statutory provision(s): Public Interest Litigation.
Nasir Farooq v. State of U.P., (Allahabad)(DB) : Law Finder Doc id # 2962758
