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UDAY UMESH LALIT, S. RAVINDRA BHAT, SUDHANSHU DHULIA
State of Jharkhand – Appellant
Versus
Shiv Shankar Sharma – Respondent
JUDGMENT :
SUDHANSHU DHULIA, J.
Leave granted.
1. The above two petitions have been filed before this Court by the State of Jharkhand through the Resident Commissioner, challenging the orders dated 03.06.2022 passed by the Division Bench of the High Court of Jharkhand, where the High Court has ordered that the PILs filed by respondent no. 1 before the Jharkhand High Court are maintainable, and thus the High Court decided to proceed with the matter on its merits. The petitioner here poses a challenge to the very maintainability of these two PILs. After hearing the parties at length, this Court vide its order dated 17.08.2022 had reserved its orders and directed that meanwhile the High Court shall not proceed further with the matter.
2. The question before this Court is whether the petitions which have been filed before the Jharkhand High Court in the form of Public Interest Litigations are maintainable in view of the settled position of law laid down by this Court in several of its earlier decisions. The question is also whether these PILs comply with the provisions of the Rules relating to the Public Interest Litigations, which is the Jharkhand High Court (Public Interest Litigation) R
(1) Public Interest Litigations – What is of crucial significance in a Public Interest Litigation is bona fide of petitioner who files PIL – It is an extremely relevant consideration and must be exam....
Point of Law : Courts must do justice by promotion of good faith, and prevent law from crafty invasions. Courts must maintain the social balance by interfering where necessary for the sake of justice....
Public interest litigations must be genuine and not motivated by personal agendas; previous judgments on similar issues bind the parties, barring new petitions.
The court emphasized the need for petitioners in public interest litigation to come with clean hands and be above suspicion, and laid down parameters to prevent misuse of public interest litigation.
The main legal point established in the judgment is the importance of genuine public interest litigation, the duty of petitioners to disclose their credentials and the public cause they seek to espou....
Public Interest Litigations must be filed with bona fides, and failure to disclose relevant facts can lead to dismissal.
The court emphasized the importance of addressing the issue of maintainability before delving into the merits of a public interest litigation.
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