Bombay High Court
Yash Foundation vs Union Of India And Ors on 8 May, 2024
2024:BHC-AS:21428-DB
902-CRPILST.23688.2023
Jvs.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
PUBLIC INTEREST LITIGATION (ST) NO. 23688 OF 2023
Yash Foundation } Petitioner
versus
Union of India & Ors. } Respondents
Mr. Rajesh Khobragade with Mr. Akshay
Gutka and Mr. Ravi Chidurala for
petitioner.
Mr. Hiten Venegavkar, Public Prosecutor
with Mr. Prasanna Malshe, APP for
respondents 2, 4, 6, 7, 8 & 9.
Dr. Seema Jain (through VC) with Mr.Ajay
K. Jain, Mr. Dushyant K. Mahant,
Mr.Abhay Jadeja, Ms. Dhanyashree
Jadeja, Mr. Arun Unnikrishnan and
Mr.Anuj Shetty i/b. Jadeja & Satiya for
respondents 11 and 24.
Mr. Vivek M. Sharma for intervener.
CORAM: DEVENDRA KUMAR UPADHYAYA, CJ. &
ARIF S. DOCTOR, J.
DATE: 8th MAY 2024
P.C.:
1. Heard learned counsel for the parties.
2. On being pointed out that this petition, ostensibly filed in
public interest, does not contain proper and appropriate
pleadings; neither does it make proper prayers and further that
the petition is absolutely deficient in pleadings so as to
adjudicate the issue raised, learned counsel for the petitioner
902-CRPILST.23688.2023
states that the petitioner may be permitted to withdraw the
petition with a liberty to file a fresh petition.
3. Though we do not intend to come in the way of the
aforesaid prayer made by learned counsel for the petitioner,
however, before granting such liberty, we are compelled to make
certain observations which are as follows:
4. The PIL petitioner appears to be aggrieved by surrogate
advertisements of Tobacco, Gutka, Betel Nut etc. He is also
aggrieved by alleged inaction on the part of the police
authorities in not lodging the FIR.
5. When we inquired from the learned counsel for the
petitioner as to whether any application was made by the
petitioner for lodging the FIR, our attention has been drawn to a
letter dated 30th September 2022 written by one Shri. Rajesh P.
Khobragade, an advocate, to the Senior Inspector of Police,
Dadar Police Station, Food Safety and Standards Authority of
India and Senior Inspectors of Police of Juhu, Khar and Bandra
West Police Stations, which is said to be a reminder to an earlier
notice dated 30th June 2022 in respect of FIR sought to be
lodged against the private respondents under sections 179, 188,
273, 328 and 120(B) of Indian Penal Code and 26(ii) and
27(iii)(e) of Food Safety and Standards Act, 2006 along with
Disaster Management Act, 2005 as also Epidemic Diseases Act,
1897 and the Maharashtra Police Act, 1951.
6. When we peruse the averments made in the PIL petition,
what we find is that not even a single act amounting to offences
as narrated in the letter dated 30th June 2022 is mentioned to
have been committed by the private respondents. By impleading
902-CRPILST.23688.2023
certain celebrities in different walks of life in the society, the
petitioner appears to be seeking publicity instead of taking the
issue with expected seriousness.
7. Hon'ble Supreme Court in the case of State of
Uttaranchal vs. Balwant Singh Chaufal & Ors., reported in
(2010) 3 SCC 402 has clearly observed that the Court should,
on one hand, encourage the PIL petitions being filed raising
genuine public causes, especially for the benefit of the
disadvantaged sections of the society, however, at the same
time, the Court should also be dealing with frivolous PIL
petitions being filed for extraneous reasons with firm hands and
such attempts should be nipped in the bud. The observations
made in the said judgment are as follows: -
181. We have carefully considered the facts of the
present case. We have also examined the law declared
by this Court and other courts in a number of
judgments. In order to preserve the purity and sanctity
of the PIL, it has become imperative to issue the
following directions:
(1) The Courts must encourage genuine and bona
fide PIL and effectively discourage and curb the
PIL filed for extraneous considerations.
(2) Instead of every individual Judge devising his
own procedure for dealing with the public interest
litigation, it would be appropriate for each High
Court to properly formulate rules for encouraging
the genuine PIL and discouraging the PIL filed
with oblique motives. Consequently, we request
that the High Courts who have not yet framed the
rules, should frame the rules within three months.
The Registrar General of each High Court is
directed to ensure that a copy of the rules
prepared by the High Court is sent to the
Secretary General of this Court immediately
thereafter.
902-CRPILST.23688.2023
(3) The Courts should prima facie verify the
credentials of the petitioner before entertaining a
PIL.
(4) The Courts should be prima facie satisfied
regarding the correctness of the contents of the
petition before entertaining a PIL.
(5) The Courts should be fully satisfied that
substantial public interest is involved before
entertaining the petition.
(6) The Courts should ensure that the petition
which involves larger public interest, gravity and
urgency must be given priority over other
petitions.
(7) The Courts before entertaining the PIL should
ensure that the PIL is aimed at redressal of
genuine public harm or public injury. The Court
should also ensure that there is no personal gain,
private motive or oblique motive behind filing the
public interest litigation.
(8) The Courts should also ensure that the
petitions filed by busybodies for extraneous and
ulterior motives must be discouraged by imposing
exemplary costs or by adopting similar novel
methods to curb frivolous petitions and the
petitions filed for extraneous considerations.
8. However, at the request of the learned counsel for the
petitioner, we are not going into the aforesaid issues in the
matter, but we find it appropriate to caution the petitioner that
in future if it files any PIL petition, it should first do the
necessary study and homework and then only take up the
petitions with appropriate and proper pleadings.
9. The PIL petition is, thus, dismissed as withdrawn with the
liberty as prayed for.
JAYANT VISHWANATH
VISHWANATH SALUNKE
SALUNKE Date: 2024.05.08
18:07:03 +0530
(ARIF S. DOCTOR, J.) (CHIEF JUSTICE)
