Delhi HC cautions against frivolous, motivated PILs

A Bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad remarked that while PILs were conceptualised as a weapon to secure justice for the voiceless, frivolous PILs plague courts today.

The Delhi High Court has observed that public interest litigations (PILs) which have been filed with “oblique motive seriously denude the efficacy of the judicial system” by detracting from the ability of the court to devote its time and resources to cases which legitimately require attention.

A Bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad remarked that while PIL was conceptualised as a weapon to secure justice for the voiceless, today courts are plagued by frivolous PILs which are consuming considerable and precious time.

The High Court made the observations while hearing a PIL by a woman, who claimed to be a social worker, against an alleged unauthorised construction in the city.

The High Court said the petitioner, for “reasons not known”, continued to press her plea despite the stand of the Municipal Corporation of Delhi (MCD) that the construction was as per its permission and that it was “keeping a vigil”.

Noting that there was no reason to doubt the stand taken by the MCD, the High Court questioned the bonafide of the petitioner.

“The present writ petition though styled as a PIL is, in fact, the second petition filed by the Petitioner complaining about the unauthorised construction over the subject property,” the High Court said.

The High Court said it was desisting from imposing costs on the petitioner, who is a lady.