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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SUNITA AGARWAL, CJ, D.N.RAY
Hareshkumar Prakashbhai Chaudhari – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
SUNITA AGARWAL, CJ.
1. Heard Mr. Dipan A. Desai, learned advocate appearing with Mr. Sankul K. Kabra, learned advocate for the petitioners and Mr. Gursharan H. Virk, learned Government Pleader appearing with Ms. Dharitri Pancholi, learned Assistant Government Pleader for the State respondents.
2. The present petition in the nature of Public Interest Litigation has been filed by three persons, amongst whom the petitioner no.1 stated to be a resident of District Mehsana and petitioner nos.2 and 3 are residents of District Ahmedabad.
3. The complaint in the Public Interest Litigation is against the respondent no.4, which is a School located in the City of Ahmedabad affiliated with the Central Board of Secondary Education.
4. At the outset, we may note that it is difficult for us to comprehend as to how the petitioners residing in two different districts of the State came together to file the present Public Interest Litigation. Moreover, the petitioners have not disclosed their job, occupations, i.e. their credentials so as to enable the court to ascertain their motive for filing of the present public interest litigation, raising allegations against a private school, located in A
The court emphasized the necessity for petitioners in Public Interest Litigations to disclose their credentials to establish genuine public interest and discourage frivolous filings.
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.
Public Interest Litigation must meet strict bona fides and credential requirements to prevent misuse for personal gain.
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....
Rule 80(1) of the High Court of Chhattisgarh Rules, 2007, prohibits the entertainment of any other petition or communication relating to the same matter if a proceeding in the nature of Public Intere....
Proper credentials and acting bona fide are essential for maintaining a Public Interest Litigation.
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