DELHI HIGH COURT
SATISH CHANDRA SHARMA, SUBRAMONIUM PRASAD
Gorang Gupta – Appellant
Versus
Govt. of NCT of Delhi – Respondent
| Table of Content |
|---|
| 1. public interest litigation concerning sacred images. (Para 1 , 2) |
| 2. constitutional rights and limits on pil. (Para 3 , 4) |
| 3. development and abuse of pil doctrine. (Para 5 , 6) |
| 4. concerns regarding frivolous pils. (Para 7 , 8 , 9) |
| 5. court's authority and responsibility in pils. (Para 10 , 11 , 12) |
| 6. (Para 13) |
JUDGMENT
1. The Petitioner before this Court, who is appearing in person, has filed the present writ petition under Article 226 of the Constitution of India as a Public Interest Litigation ("PIL") seeking a prohibition of affixing photographs of gods/goddesses on walls to prevent public urination, spitting on and littering around such sacred images. The Petitioner, who is a practising advocate, states that he is a public-spirited person and has filed several PILs in the interest of the general public.
2. It is stated by the Petitioner that he has made representations to the Municipal Corporation of Delhi ("MCD"), New Delhi Municipal Council ("NDMC"), the Delhi Cantonment Board ("DCB") and the Government of NCT of Delhi ("GNCTD") apprising the authorities of the issue pertaining to affixation of photographs of religious deities on walls to prevent public
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....
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....
A challenge to a long-standing notification under the Muslim Wakfs Act after an undue delay is impermissible, reinforcing the finality of administrative actions.
The duty of the counsel to disclose all relevant and material facts, the need for caution and circumspection in filing Public Interest Litigations, and the consequences of deliberate suppression of f....
The Court emphasizes the need for genuine public interest in Public Interest Litigation and dismisses frivolous PILs lacking public interest.
The misuse of public interest litigation for personal gain or vendetta is not permissible, and the court may impose costs on petitioners in such cases.
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....
The election commission’s authority under Article 324 allows for actions to ensure free and fair elections, including preventive measures against voter confusion, without necessarily violating princi....
(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....
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