Court Dismisses PIL Filed with Distorted Facts, Orders Petitioner to Pay Rs. 2 Lakh for Misusing Judicial Process
In a landmark judgment, the Gujarat High Court has dismissed a Public Interest Litigation (PIL) filed by Dr. Vilas Tukaram Kharat, citing misleading and distorted facts. The division bench comprising Chief Justice Mrs. Sunita Agarwal and Justice D.N. Ray ruled that the PIL, which sought to make public certain archaeological survey reports related to the Somnath Temple site, was filed with incorrect information and ulterior motives. The petitioner, identified as a scholar from Maharashtra with affiliations to an NGO, failed to provide authentic materials or sworn affidavits to substantiate his claims.
The court noted that the assertions in the petition were primarily based on news items from print and social media, lacking personal knowledge or credible records. This approach was deemed insufficient for sustaining a PIL, which is intended as a tool for social justice and public good. The judgment emphasized that such misuse of the PIL process harms its sanctity and purpose.
Highlighting the gravity of the issue, the court imposed an exemplary cost of Rs. 2,00,000 on Dr. Kharat, to be deposited with the High Court Legal Services Committee. The judgment warned that failure to pay within three weeks would result in recovery as arrears of land revenue.
The court's decision underscores the judiciary's intolerance towards the misuse of PILs for undue publicity or personal gains, reaffirming the need for petitioners to adhere to stringent factual and legal standards when approaching the court with public interest claims.
Bottom line:-
Public Interest Litigation (PIL) - A petition filed with misleading, incomplete, and distorted facts cannot be entertained as a PIL. Filing such petitions with ulterior motives or for undue publicity misuses the process of the court and attracts exemplary costs.
Statutory provision(s): Public Interest Litigation (PIL), Article 12 of the Constitution of India, Shree Somnath Trust Act, 1955
Dr. Vilas Tukaram Kharat v. Union of India, (Gujarat)(DB) : Law Finder Doc id # 2931822
