2000 (11) TMI 92 - HC - Income Tax

High Court dismisses PIL, imposes costs on petitioner for unjustified litigation.

The High Court of Andhra Pradesh dismissed a writ petition filed as a public interest litigation (PIL) against eight individuals as unjustified and ... Public interest litigation - Maintaining bona fide public interest requirement - Responsibility of pro bono public character to investigate before filing PIL - Vexatious litigation - Abuse of process of law - Exemplary costs for misuse of judicial processPublic interest litigation - Responsibility of pro bono public character to investigate before filing PIL - Vexatious litigation - Abuse of process of law - Exemplary costs for misuse of judicial process - Whether the writ petition filed as a public interest litigation by a relative of the persons complained against was maintainable and whether relief or costs should follow - HELD THAT: - The Court found the petition to be unjustified, vexatious and totally vague because the petitioner, a relative of the eight named persons, did not furnish particulars or any material particulars in his representation and had failed to demonstrate bona fides or public interest. The Court reiterated that a person invoking public interest litigation must, as a matter of responsibility, make necessary preliminary investigation and bring relevant findings to the concerned authorities before invoking constitutional courts; filing under the guise of public interest when motivated by extraneous considerations amounts to abuse of the judicial process. The Court relied on the principle articulated in Thakur Bahadur Singh v. Government of Andhra Pradesh that unscrupulous or unjustified public interest litigation must be checked and that the courts may make movers of such litigation accountable, including by imposing exemplary costs, so as to protect public resources and the adjudicatory process. Applying these principles to the material before it, the Court concluded that the petition was neither a bona fide PIL nor properly particularised and amounted to misuse of process.Writ petition dismissed; exemplary costs of Rs. 5,000 directed to be paid to the Secretary, Andhra Pradesh State Legal Services Authority, Hyderabad, within two weeks and compliance to be reported.Final Conclusion: The petition filed as a public interest litigation by a relative of the persons complained against was dismissed as vague, vexatious and an abuse of process; the petitioner was directed to pay exemplary costs to the State Legal Services Authority and compliance was ordered to be reported. The High Court of Andhra Pradesh dismissed a writ petition filed as a public interest litigation (PIL) against eight individuals for being unjustified and vexatious. The court emphasized the need for genuine public interest in PILs and imposed exemplary costs of Rs. 5,000 on the petitioner to be paid to the Andhra Pradesh State Legal Services Authority.