Actively Pursue Public Interest! Costs are not just penalties; they’re deterrents against casually filed PILs without follow-up fervor.
The importance of responsibility in public interest litigation (PIL), the Gujarat High Court imposed a significant cost of Rs.7 lakh on a petitioner for failing to actively pursue a PIL for seven years. This decision highlighted the court’s stance on the seriousness with which PILs should be treated.
The bench, led by Chief Justice Agarwal, highlighted the critical nature of accountability in such matters.
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The court observed,
“You cannot file a PIL and then start dealing with people and if you are successful (in dealing) then you withdraw the petition and if not then you pursue it. This isn’t the cause for a public interest. You haven’t pursued this matter for the last 7 years.”
This statement reflects the court’s disapproval of the petitioner’s casual approach towards a mechanism intended for the greater public good.
Originally, the court had decided to dismiss the petition with a cost of Rs.10 lakh. However, upon the petitioner’s advocate, Chhaya, requesting some leniency, the court revised the amount.
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Chief Justice Agarwal, addressing the advocate, said,
“Okay so we make the costs amount to Rs.7 lakh, which will be a lakh per year (since 2017). You have wasted so much of judicial time.”
This reduction in the penalty was a consideration of the time elapsed since the filing of the PIL.
Furthermore, the court rejected the petitioner’s request to withdraw the plea.
Chief Justice Agarwal firmly stated,
“No, we cannot allow withdrawal at this stage. Once you have come to the court, please take an order along.”
This remark, made in a lighter vein, nonetheless carried the weight of the court’s expectation that litigants should see their commitments through, especially in matters of public interest.
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The Gujarat High Court serves as a reminder of the gravity and responsibility associated with filing public interest litigations. It sends a clear message that the judiciary expects petitioners to actively engage with and pursue their cases, especially when they involve the public interest. The imposition of costs in this case is not just a penalty for inaction but also a deterrent against the casual filing of PILs without the intent of diligent follow-up. This decision is a significant step in ensuring that the mechanism of PIL remains a powerful tool for justice and social change, used responsibly and with sincere intent.
