Back
KRISHNA S. DIXIT, J. M. KHAZI, RITU RAJ AWASTHI
Mohamed Arif Jameel – Appellant
Versus
State of Karnataka – Respondent
JUDGMENT
1. This public interest litigation has been filed seeking following reliefs:
"a) Issue a writ in the nature of Certiorari or any other appropriate writ, direction or order declaring the impugned Government Order No.EP 14 SHH 2022 Bengaluru, dtd. 5/2/2022 vide Annexure-A, as being unconstitutional, illegal and void, and/or
b) Issue an appropriate writ, order or direction in the nature of mandamus declaring that the petitioner's right to wear HIJAB is a fundamental right guaranteed under Articles 14, 15, 19, 21 and 25 of the Indian Constitution and is an essential part of the Islam religion".
2. The Apex Court has time and again reiterated that abuse of the noble concept of PIL has been increasing day by day and to curb this, there should be explicit and broad guidelines for entertaining petitions as PILs, vide STATE OF UTTARANCHAL vs. BALWANT SINGH CHAUFAL and OTHERS, (2010) 3 SCC 402. The High Court of Karnataka (PIL) Rules, 2018 have been accordingly promulgated under Articles 225 and 226 of the Constitution of India. These Rules having been duly published vide Gazette Notification dtd. 11/7/2019 are now in force. Rule 14 contains instructions for filing Public Interest Li
Strict adherence to rules for filing PILs and PIL adjudication conceived for worthy causes affecting the public at large.
The court underscored that frivolous PILs undermine judicial credibility and should be dismissed at the threshold, asserting such petitions should address genuine public grievances rather than person....
Procedural technicalities should take a back seat in public interest litigation, and principles of natural justice should be followed in considering representations.
The importance of procedural technicalities in public interest litigation and the need for principles of natural justice to be followed.
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.
Approaching the authority concerned for redressal of grievances, following principles of natural justice, and reserving liberty to take recourse to alternative remedies and approach the appropriate f....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
