Court underscores misuse of Public Interest Litigation for personal grievances in dismissing petition against Tamil Nadu DVAC Director.
In a significant ruling, the Madras High Court dismissed a Public Interest Litigation (PIL) filed by Shankar @ Savukku Shankar against Arun, IPS, the Director of the Directorate of Vigilance and Anti-Corruption (DVAC) in Tamil Nadu. The Division Bench, comprising Chief Justice Sushrut Arvind Dharmadhikari and Justice G. Arul Murugan, found the PIL to be a misuse of judicial process driven by personal animosity rather than genuine public interest.
The petitioner sought a writ of mandamus directing the Central Bureau of Investigation (CBI) to conduct an independent investigation into the conduct of Arun, IPS. The petition heavily relied on adverse judicial observations from a previous case, Varsha Sharma v. The Additional Chief Secretary to Government, where the court had censured Arun for issuing questionable detention orders.
Despite the adverse observations against Arun in the previous case, the court emphasized that PILs should not serve as tools for settling personal scores. The Bench highlighted the necessity for a petitioner in a PIL to act bona fide and without oblique motives, which was not evident in this case. The court found that the petitioner had a personal adversarial equation with Arun, as outlined in the Varsha Sharma judgment, which disqualified the PIL from being considered genuine.
Citing precedents, including Janata Dal v. H.S. Chowdhary and Dattaraj Nathuji Thaware v. State of Maharashtra, the court reiterated that PILs should address genuine public interest issues and not be a front for private grudges. The judgment serves as a reminder of the judiciary's duty to safeguard the integrity of PILs, ensuring they remain a vehicle for public good rather than a means for personal vendetta.
The court concluded that given the personal animosity demonstrated by the petitioner against Arun, the PIL lacked the bona fides required for maintainability. Consequently, the writ petition was dismissed, reinforcing the jurisprudential stance against the misuse of PILs for personal grievances.
Bottom line:-
Public Interest Litigation (PIL) - A PIL cannot be utilized as a tool for personal vendetta or private grievances - It must be filed bona fide and with genuine public interest.
Statutory provision(s):
Article 226 of the Constitution of India
Shankar @ Savukku Shankar v. State, (Madras)(DB) : Law Finder Doc id # 2933128
