IN THE HIGH COURT OF JUDICATURE AT BOMBAY
DEVENDRA KUMAR UPADHYAYA, CJ., AMIT BORKAR, J.
Crimeophobia – A Criminology Firm Through its founder – Criminologist Snehil Dhall - Petitioner
Versus
Ministry of Animal Husbandry and Dairy Development and Ors. - Respondents
Public Interest Litigation No.49 Of 2024
Decided On : 19-08-2024
Public Interest Litigation - Petitioner's Claims - MCOCA, UNTOC - The court found the petition frivolous, lacking legal basis, and an abuse of process, dismissing it and imposing costs.
Fact of the Case:
The petitioner filed a PIL seeking various directions related to organized crime, property leases, and cultural commissions, claiming expertise as a criminologist. The petition included multiple unrelated prayers, leading to concerns about its legitimacy.
Finding of the Court:
The court determined that the petition was frivolous, lacked factual and legal basis, and constituted an abuse of judicial process, as it sought to impose the petitioner's personal views without legal support.
Issues: Whether the PIL filed by the petitioner had a legal basis and whether the court could entertain the diverse and unrelated prayers made.
Ratio Decidendi: A writ of mandamus cannot be issued based on personal opinions or fancies without a legal foundation; the court protects fundamental rights and cannot entertain frivolous petitions.
Result: The writ petition is dismissed with costs imposed on the petitioner.
JUDGMENT :
(Devendra Kumar Upadhyaya, CJ.,) :
1. Heard Mr. Snehil Dhall, the petitioner in-person and Mr.Abhay L. Patki, learned State Counsel.
2. This petition, filed ostensibly in public interest, is an example of how sometimes, on account of multiple and omnibus prayers made without any factual or legal basis, judicial time is consumed in hearing frivolous matters which can otherwise be utilized in disposing of genuine matters which require more attention of the court.
3. The PIL petition has been filed by a self-styled Criminology Firm through its founder who is allegedly a Criminologist, named Mr. Snehil Dhall. In the opening paragraph of the Synopsis presented in this petition, the petitioner states that the petition should be considered as an expert opinion in terms of Section 45 of the Evidence Act, as the founder of the petitioner firm is a qualified criminologist/crime expert who urges to the Court for issuing directions for establishing an Anti-Organized Crime Unit within the framework of Maharashtra Control of Organized Crime Act (MCOCA) and United Nations Transnational Organized Crime (UNTOC).
4. While opening the submission, the founder of the petitioner – firm Mr. Snehil Dhall stated that the petition be treated as his opinion for issuing various directions as prayed for in the PIL petition. The petition contains 11 prayers along with 13 interim prayers. The prayer clause of the PIL petition is extracted hereinbelow:
“18) PRAYER
In light of the facts and circumstances stated above, the petitioner respectfully prays that this Hon'ble Court may graciously be pleased to:
a) This Hon'ble Court be pleased to issue the writ of mandamus or any other appropriate writs, orders and directions to the Respondents for constitution of an "Anti-Organised Crime Unit" within MCOCA (1999) framework to handle regional, national, and transnational organized crime in accordance with UNTOC (2000) protocols and against Crimes which hasn't been defined in any law.
b) This Hon'ble Court be pleased to issue appropriate writs, orders and directions for constitution to cancel/revoke all leases and/or allotments of property within Aarey Milk Colony especially of Aarey Milk Factory and its CEO office, Royal Palms (India) Private Limited and other establishments who have sub-leased within the Green/ Environment/ Tourist/ Forest/ No Development Zone that falls within the circuit of Cave Temple Colonies boundaries, also referred to as 'Shatshashthi' (Island of Salsette), with immediate effect, as the purposes for which the land was allotted have not been adhered to. All categories of Licenses/Permits for Hotels and others shall also be revoked with immediate effect. Exceptions shall be granted only the Government Security Forces, Metro and those establishments which has no connect with the operations of Aarey Milk Factory/Colony.
c) This Hon'ble Court be pleased to issue appropriate writs and orders for the immediate shutdown of the "UNICEF Aided Dairy Teaching" institute/office within Aarey And replaced with an "Anti- Organised Crime Unit" and/or UNTOC office to tackle these crimes, in accordance with the requirements of the 20th century. Additionally, detailed medical reports should be provided by UNICEF and New Zealand regarding the use of 100% buffalo dried milk imported from New Zealand, which was mixed with water and distributed to children and families in Mumbai. The report should confirm the methodology, experiments, and provide an affidavit that the referred powder was not any illegal drug, and explain the disappearance of indigenous cow milk post-experimental units.
d) This Hon'ble Court be pleased to issue appropriate writs, orders and directions to Respondent No. 1 and Respondent No. 3 for establishing the 4000-acre Cow Farms with immediate effect for milking and dried cows within Aarey and other locations of Maharashtra State, along with the Cow Experimental Unit with modern technology of 20th Century, to establish nutritious milk and revive
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