'Lacked Technical Knowledge', SC imposed ₹5 lakh fine on Social Activist/Petitioner who sought ban on Coca Cola, Thumbs Up [Read Order]

On Thursday, the Supreme Court has fined a petitioner who claimed to be "Social Worker" and had sought ban and prohibition on the sale and use Coca Cola, Thumbs Up and other soft drink brands citing health concerns.

In his petition, the petitioner had sought issuance of appropriate directions to the Centre as well as other concerned authorities for issuing necessary orders, prohibiting the sale and use of such soft beverages brands/ companies and also issuing notification uprising people at large not to drink and use it, as the same is detrimental to the cause of health.

The Bench comprising of Justice DY Chandrachud, Justice Hemant Gupta and Justice Ajay Rastogi came down heavy on the petitioner and slapped a sum of ₹5 lakh as fine while observing that he lacked technical knowledge on the subject and his assertions stood unsubstantiated.

The Court stated that the present petition has been filed for 'extraneous reasons' and regarded invocation of the jurisdiction under Article 32 by the petitioner as an 'Abuse of the Process'

The order read:

"The petition has been filed without the petitioner having any technical knowledge on the subject. The source of his assertions has not been substantiated. No justification or explanation is forthcoming during the submissions of Mr S P Singh, learned Senior Counsel on why two specific brands in particular are chosen to be the target of the proceedings. The petition has been filed for 'extraneous reasons'. The invocation of the jurisdiction under Article 32 is an 'abuse of the process'."

The Court further concluded that invocation of the jurisdiction under Article 32 is not a bona fide recourse to the jurisdiction in a PIL.

The Court explained that in this light, imposition of exemplary costs became necessary.

The Court accordingly dismissed the petition and asked the amount deposited in the Registry within one month to be disbursed to the Supreme Court Advocates-onRecord Association.

The Order has been passed by Justice DY Chandrachud, Justice Hemant Gupta and Justice Ajay Rastogi on 11-06-2020.

Read Order Here: