"No one can rush to the court with a PIL for every headline in newspapers." : For the assurance of genuine cases, SC justified Allahabad HC order

https://www.janpratinidhi.com/News/T2376/for-the-assurance-of-genuine-cases-sc-justified-allahabad-hc-order

For the assurance of genuine cases, SC justified Allahabad HC order

Janpratinidhi Times Aug 25 2014 1:49PM

New Delhi: A woman activist who used to approach upper courts with
public attention proceedings based on newspaper captions was put on
notice after the Supreme Court on Friday rejected to obstruct with an
Allahabad High Court command asking a persistent PIL petitioner to
guarantee Rs 25,000 with every PIL they filed. So far She has filed a
record 86 PILs in the HC.

The endless appealing by Nutan Thkaur on alleged public grounds made
Allahabad HC to enforce an unusual situation to deposit Rs 25,000 on
each fresh PIL she filed, and if the court finds the PIL to be
genuine, the money would be refunded to her. In case it is found to be
not genuine, the petitioner will have to pay the full amount of money.

Anoop Chaudhary, counsel of Thakur, contended that the circumstance
forced by the HC amounted to stifling the petitioner's significant
right to seek legal redress of her complaints against the
administrative.

But a bench of Chief Justice R M Lodha and Justices Kurian Joseph and
R F Nariman ruled it out by saying that there is nothing improper in
the circumstances enacted by the HC.

"There is nothing extraordinary about this order. All that it asks you
to do is to deposit Rs 25,000. It does not curtail your right to file
a bona fide PIL. It is only to ensure that you don't henceforth file
frivolous petitions."

The bench was conscious of the problem of frivolous legal process in
the Supreme Court which has enforced cost on several PIL petitioners
for approaching the court with a PIL based on newspaper information.
If the court found the PIL to be honest but deficient in data, it
often requested the petitioners to do additional study and come back
with the statistics to back their claim.

The bench said there should be a necessity of a law in each state to
shorten annoying and playful proceedings. "In Maharashtra, there is a
Vexatious Litigation (Prevention) Act of 1971 that needs to be enacted
by every state," it said.

The bench said, "No one can rush to the court with a PIL for every
headline in newspapers."

But Chaudhary contended that the court could always discharge Thakur's
petition and impose cost if it was found to be playful. "By this
order, they will not entertain any petition by this petitioner unless
supported by a demand draft of Rs 25,000," he said.

The bench said if her request was genuine, she would each time get her
money back.

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