Judgment:
ORDER
53, RULES OF THE SUPT. CT. (1981). In Inland Revenue Commissioners v. National Federation of Self-Employed and Small Businesses Ltd. (1982) A.C. 617 the Court explained that 'fairness and justice are tests to be applied' when determining if a party has a sufficient interest.
140. In Regina v. Secretary of State for the Environment, Ex parte Rose Theatre Trust Co. (1990) 1 Q.B. 504 the Court elaborated that 'direct financial or legal interest is not required' to find sufficient interest. Thus, under the new rule of standing embodied in Order 53, individuals can challenge actions of public officials if they are found to have 'sufficient interest' - a flexible standard.
SOUTH AFRICA
141. The South African Constitution has adopted with a commitment to 'transform the society into one in which there will be human dignity, freedom and equality.' - See: Soobramoney v. Minister of Health, KwaZulu-Natal 1998 (1) SA 765 (CC) p. 5. Thus, improving access to justice falls squarely within the mandate of this Constitution. In furtherance of this objective, the South African legal framework takes a favorable stance towards PIL by prescribing broad rules of standing and relaxing pleading requirements.
(A) Broad Rules of Standing
142. Section 38 of the Constitution broadly grants standing to approach a competent court for allegations of infringement of a right in the bill of rights to:
(a) anyone acting in their own interest;
(b) anyone acting on behalf of another person who cannot act in their own name;
(c) anyone acting as a member of, or in the interest of, a group or class of persons;
(d) anyone acting in the public interest;
(e) an association acting in the interest of its members.
143. In expressly permitting class actions and third-party actions, Section 38 prescribes broad rules of standing for constitutional claims. Interpreting the language of Section 38, the Constitutional Court elaborated in Ferreira v. Levinno and Ors. 1996 (1) SA 984 (CC) 241 that a broad approach to standing should be applied to constitutional claims to ensure that constitutional rights are given the full measure of protection to which they are entitled. In the said judgment by a separate concurring judgment, Justice O'Regan suggested that a 'wider net for standing' should be extended to all 'litigation of a public character.'
(B) Relaxing Formal Requirements of Pleadings
144. The Constitutional Court has been prompt to relax formal pleading requirements in appropriate cases. In S v. Twala (South African Human Rights Commission Intervening) 2000 (1) SA 879 the President of the Court directed that a hand written letter received from a prisoner complaining about his frustration in exercising his right to appeal be treated as an application for leave to appeal.
145. In Xinwa and Ors. v. Volkswagen of South Africa (PTY) Ltd. 2003 (4) SA 390 (CC) p. 8 the Court cemented the Twala principle that 'form must give way to substance' in public interest litigation. The Court explained that 'pleadings prepared by lay persons must be construed generously and in the light most favourable to the litigant. Lay litigants should not be held to the same standard of accuracy, skill and precision in the presentation of their case required of lawyers. In construing such pleadings, regard must be had to the purpose of the pleading as gathered not only from the content of the pleadings but also from the context in which the pleading is prepared.'
IMPACT OF PUBLIC INTEREST LITIGATION ON NEIGHBOURING COUNTRIES
146. The development of public interest litigation in India has had an impact on the judicial systems of neighbouring countries like Bangladesh, Sri Lanka, Nepal and Pakistan and other countries.
PAKISTAN:
147. By a recent path-breaking historical judgment of the Pakistan Supreme Court at Islamabad dated 31st July, 2009 delivered in public interest litigation bearing Constitution Petition No. 9 of 2009 filed by Sindh High Court Bar Association through its Secretary and Constitution Petition No. 8 of 2009 filed by Nadeem Ahmed Advocate, both petitions filed against Federation of Pakistan through Secretary, Ministry of Law and Justice, Islamabad and Others, the entire superior judiciary which was sacked by the previous political regime has now been restored.
148. Another path breaking judgment delivered very recently on 16th December, 2009 by all the 17 judges of the Pakistan Supreme Court in Constitution Petition Nos. 76 to 80 of 2007 and 59 of 2009 and another Civil Appeal No. 1094 of 2009 also has far-reaching implications.
149. In this judgment, the National Reconciliation Ordinance (No. XV) 2007 came under challenge by which amendments were made in the Criminal Procedure Code, 1898 and the Representation of the People Act, 1976 and the National Accountability Ordinance of 1999. The National Accountability Ordinance, 1999 (for short, NAO) was designed to give immunity of the consequences of the offences committed by the constitutional authorities and other authorities in power and (NRO) was declared void ab initio being ultra vires and violative of constitutional provisions including 4, 8, 25, 62(f), 63(i)(p), 89, 175 and 227 of the Constitution. This judgment was also delivered largely in public interest.
150. In an important judgment delivered by the Supreme Court of Pakistan in General Secrerary, West Pakistan Salt Miners Labour Union (CBA) Khewra, Jhelum v. The Director, Industries and Mineral Development, Punjab, Lahore reported in 1994 SCMR 2061 (Supreme Court of Pakistan) in Human Right Case No. 120 of 1993 on 12th July, 1994 gave significant directions largely based on the judgments of this Court.
151. The petitioners in the said petition sought enforcement of the rights of the residents to have clean and unpolluted water. Their apprehension was that in case the miners are allowed to continue their activities, which are extended in the water catchment area, the watercourse, reservoir and the pipelines would get contaminated. According to the court, water has been considered source of life in this world. Without water there can be no life. History bears testimony that due to famine and scarcity of water, civilization have vanished, green lands have turned into deserts and arid goes completely destroying the life not any of human being, but animal life as well. Therefore, water, which is necessary for existence of life, if polluted, or contaminated, will cause serious threat to human existence.
152. The court gave significant directions including stopping the functioning of factory which created pollution and environmental degradation.
153. Another significant aspect which has been decided in this case was to widen the definition of the `aggrieved person'. The court observed that in public interest litigation, procedural trappings and restrictions of being an aggrieved person and other similar technical objections cannot bar the jurisdiction of the court. The Supreme Court also observed that the Court has vast power under Article 183(3) to investigate into question of fact as well independently by recording evidence.
154. In another important case Ms. Shehla Zia v. WAPDA PLD 1994 Supreme Court 693 a three-Judge Bench headed by the Chief Justice gave significant directions. In the said petition four residents of Street No. 35,F-6/1, Islamabad protested to WAPDA against construction of a grid station in F-6/1, Islamabad. A letter to this effect was written to the Chairman on 15.1.1992 conveying the complaint and apprehensions of the residents of the area in respect of construction of a grid station allegedly located in the green- belt of a residential locality. They pointed out that the electromagnetic field by the presence of the high voltage transmission lines at the grid station would pose a serious health hazard to the residents of the area particularly the children, the infirm and the Dhobi-ghat families that live; the immediate vicinity. The presence of electrical installations and transmission lines would also be highly dangerous to the citizens particularly the children who play outside in the area. It would damage the greenbelt and affect the environment. It was also alleged that it violates the principles of planning in Islamabad where the green belts are considered an essential component of the city for environmental and aesthetic reasons.
155. The Supreme Court observed that where life of citizens is degraded, the quality of life is adversely affected and health hazards created are affecting a large number of people. The Supreme Court in exercise of its jurisdiction may grant relief to the extent of stopping the functioning of such units that create pollution and environmental degradation.
SRI LANKA:
156. There has been great impact of Public Interest Litigation on other countries. In Bulankulama and six Ors. v. Secretary, Ministry of Industrial Development and seven Ors. (Eppawala case), the Supreme Court of Sri Lanka gave significant directions in public interest litigation. In the said case, Mineral Investment Agreement was entered between the Government and the private company for rapid exploitation of rock phosphate reserves at Eppawala in Sri Lanka's agriculture rich North Central Province - High intensity mining operation plus establishment of a processing plant on Trincomalee coast was set up which would produce phosphoric and sulphuric acid. Six residents of the area of whose agricultural lands stood to be affected filed a petition before the court in public interest. It was stated in the petition that the project was not for a public purpose but for the benefit of a private company and would not bring substantial economic benefit to Sri Lanka. The petitioners claimed imminent infringement of their fundamental rights under various provisions of the Constitution. The court invoked the public trust theory as applied in the United States and in our country in the case of M.C. Mehta v. Kamal Nath : (1997) 1 SCC 388. The court upheld the petitioners' fundamental rights. The respondents were restrained from entering into any contract relating to the Eppawala phosphate deposit. The court allowed the petition and the respondents were directed to give costs to the petitioners. The Supreme Court of Sri Lanka protected environmental degradation by giving important directions in this case.
NEPAL:
157. A three-Judge Bench of the Supreme Court of Nepal in Surya Prasad Sharma Dhungle v. Godawari Marble Industries in Writ Petition No. 35 of 1992 passed significant directions. It was alleged in the petition that Godawari Marble Industries have been causing serious environmental degradation to Godawari forest and its surrounding which is rich in natural grandeur and historical and religious enshrinement are being destroyed by the respondents. In the petition it was mentioned that the illegal activities of the respondent Godawari Marble Industries have caused a huge public losses.
158. The Supreme Court of Nepal gave significant directions to protect degradation of environment and ecology. The court adopted the concept of sustainable development.
159. The Indian courts may have taken some inspiration from the group or class interest litigation of the United States of America and other countries but the shape of the public interest litigation as we see now is predominantly indigenously developed jurisprudence.
160. The public interest litigation as developed in various facets and various branches is unparalleled. The Indian Courts by its judicial craftsmanship, creativity and urge to provide access to justice to the deprived, discriminated and otherwise vulnerable sections of society have touched almost every aspect of human life while dealing with cases filed in the label of the public interest litigation. The credibility of the superior courts of India has been tremendously enhanced because of some vital and important directions given by the courts. The courts' contribution in helping the poorer sections of the society by giving new definition to life and liberty and to protect ecology, environment and forests are extremely significant.
ABUSE OF THE PUBLIC INTEREST LITIGATION:
161. Unfortunately, of late, it has been noticed that such an important jurisdiction which has been carefully carved out, created and nurtured with great care and caution by the courts, is being blatantly abused by filing some petitions with oblique motives. We think time has come when genuine and bona fide public interest litigation must be encouraged whereas frivolous public interest litigation should be discouraged.
162. In our considered opinion, we have to protect and preserve this important jurisdiction in the larger interest of the people of this country but we must take effective steps to prevent and cure its abuse on the basis of monetary and non- monetary directions by the courts.
163. In BALCO Employees' Union (Regd.) v. Union of India and Ors. : AIR 2002 SC 350 this Court recognized that there have been, in recent times, increasing instances of abuse of public interest litigation. Accordingly, the court has devised a number of strategies to ensure that the attractive brand name of public interest litigation should not be allowed to be used for suspicious products of mischief. Firstly, the Supreme Court has limited standing in PIL to individuals 'acting bonafide.' Secondly, the Supreme Court has sanctioned the imposition of 'exemplary costs' as a deterrent against frivolous and vexatious public interest litigations. Thirdly, the Supreme Court has instructed the High Courts to be more selective in entertaining the public interest litigations.
164. In S.P. Gupta's case (supra), this Court has found that this liberal standard makes it critical to limit standing to individuals 'acting bona fide. To avoid entertaining frivolous and vexatious petitions under the guise of PIL, the Court has excluded two groups of persons from obtaining standing in PIL petitions. First, the Supreme Court has rejected awarding standing to 'meddlesome interlopers'. Second, the Court has denied standing to interveners bringing public interest litigation for personal gain.
165. In Chhetriya Pardushan Mukti Sangharsh Samiti (supra), the Court withheld standing from the applicant on grounds that the applicant brought the suit motivated by enmity between the parties. Thus, the Supreme Court has attempted to create a body of jurisprudence that accords broad enough standing to admit genuine PIL petitions, but nonetheless limits standing to thwart frivolous and vexations petitions.
166. The Supreme Court broadly tried to curtail the frivolous public interest litigation petitions by two methods - one monetary and second, non-monetary. The first category of cases is that where the court on filing frivolous public interest litigation petitions, dismissed the petitions with exemplary costs. In Neetu v. State of Pubjab and Ors. : AIR 2007 SC 758 the Court concluded that it is necessary to impose exemplary costs to ensure that the message goes in the right direction that petitions filed with oblique motive do not have the approval of the Courts.
167. In S.P. Anand v. H.D. Deve Gowda and Ors. : AIR 1997 SC 272 the Court warned that it is of utmost importance that those who invoke the jurisdiction of this Court seeking a waiver of the locus standi rule must exercise restraint in moving the Court by not plunging in areas wherein they are not well-versed.
168. In Sanjeev Bhatnagar v. Union of India and Ors. : AIR 2005 SC 2841 this Court went a step further by imposing a monetary penalty against an Advocate for filing a frivolous and vexatious PIL petition. The Court found that the petition was devoid of public interest, and instead labelled it as 'publicity interest litigation.' Thus, the Court dismissed the petition with costs of Rs. 10,000/-.
169. Similarly, in Dattaraj Nathuji Thaware v. State of Maharashtra and Ors. : (2005) 1 SCC 590 the Supreme Court affirmed the High Court's monetary penalty against a member of the Bar for filing a frivolous and vexatious PIL petition. This Court found that the petition was nothing but a camouflage to foster personal dispute. Observing that no one should be permitted to bring disgrace to the noble profession, the Court concluded that the imposition of the penalty of Rs. 25,000 by the High Court was appropriate. Evidently, the Supreme Court has set clear precedent validating the imposition of monetary penalties against frivolous and vexatious PIL petitions, especially when filed by Advocates.
170. This Court, in the second category of cases, even passed harsher orders. In Charan Lal Sahu and Ors. v. Giani Zail Singh and Anr. : AIR 1984 SC 309 the Supreme Court observed that, 'we would have been justified in passing a heavy order of costs against the two petitioners' for filing a 'light-hearted and indifferent' PIL petition. However, to prevent 'nipping in the bud a well-founded claim on a future occasion,' the Court opted against imposing monetary costs on the petitioners.' In this case, this Court concluded that the petition was careless, meaningless, clumsy and against public interest. Therefore, the Court ordered the Registry to initiate prosecution proceedings against the petitioner under the Contempt of Courts Act. Additionally, the court forbade the Registry from entertaining any future PIL petitions filed by the petitioner, who was an advocate in this case.
171. In J. Jayalalitha v. Government of Tamil Nadu and Ors. : (1999) 1 SCC 53 this Court laid down that public interest litigation can be filed by any person challenging the misuse or improper use of any public property including the political party in power for the reason that interest of individuals cannot be placed above or preferred to a larger public interest.
172. This Court has been quite conscious that the forum of this Court should not be abused by any one for personal gain or for any oblique motive.
173. In BALCO (supra), this Court held that the jurisdiction is being abused by unscrupulous persons for their personal gain. Therefore, the court must take care that the forum be not abused by any person for personal gain.
174. In Dattaraj Nathuji Thaware (supra), this Court expressed its anguish on misuse of the forum of the court under the garb of public interest litigation and observed that the public interest litigation is a weapon which has to be used with great care and circumspection and the judiciary has to be extremely careful to see that behind the beautiful veil of public interest, an ugly private malice, vested interest and/or publicity seeking is not lurking. It is to be used as an effective weapon in the armoury of law for delivering social justice to the citizens. The court must not allow its process to be abused for oblique considerations.
175. In Thaware's case (supra), the Court encouraged the imposition of a non-monetary penalty against a PIL petition filed by a member of the bar. The Court directed the Bar Councils and Bar Associations to ensure that no member of the Bar becomes party as petitioner or in aiding and/or abetting files frivolous petitions carrying the attractive brand name of Public Interest Litigation. This direction impels the Bar Councils and Bar Associations to disbar members found guilty of filing frivolous and vexatious PIL petitions.
176. In Holicow Pictures Pvt. Ltd. v. Prem Chandra Mishra and Ors. : AIR 2008 SC 913 this Court observed as under:
It is depressing to note that on account of such trumpery proceedings initiated before the Courts, innumerable days are wasted, the time which otherwise could have been spent for disposal of cases of the genuine litigants. Though we spare no efforts in fostering and developing the laudable concept of PIL and extending our long arm of sympathy to the poor, the ignorant, the oppressed and the needy, whose fundamental rights are infringed and violated and whose grievances go unnoticed, un-represented and unheard; yet we cannot avoid but express our opinion that while genuine litigants with legitimate grievances relating to civil matters involving properties worth hundreds of millions of rupees and criminal cases in which persons sentenced to death facing gallows under untold agony and persons sentenced to life imprisonment and kept in incarceration for long years, persons suffering from undue delay in service matters -government or private, persons awaiting the disposal of cases wherein huge amounts of public revenue or unauthorized collection of tax amounts are locked up, detenu expecting their release from the detention orders etc. etc. are all standing in a long serpentine queue for years with the fond hope of getting into the Courts and having their grievances redressed, the busybodies, meddlesome interlopers, wayfarers or officious interveners having absolutely no public interest except for personal gain or private profit either of themselves or as a proxy of others or for any other extraneous motivation or for glare of publicity break the queue muffing their faces by wearing the mask of public interest litigation and get into the Courts by filing vexatious and frivolous petitions and thus criminally waste the valuable time of the Courts and as a result of which the queue standing outside the doors of the Courts never moves, which piquant situation creates frustration in the minds of the genuine litigants and resultantly they loose faith in the administration of our judicial system.
The Court cautioned by observing that:
Public interest litigation is a weapon which has to be used with great care and circumspection and the judiciary has to be extremely careful to see that behind the beautiful veil of public interest an ugly private malice, vested interest and/or publicity seeking is not lurking. It is to be used as an effective weapon in the armory of law for delivering social justice to the citizens. The attractive brand name of public interest litigation should not be used for suspicious products of mischief. It should be aimed at redressal of genuine public wrong or public injury and not publicity oriented or founded on personal vendetta.
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The Court has to be satisfied about (a) the credentials of the applicant; (b) the prima facie correctness or nature of information given by him; (c) the information being not vague and indefinite. The information should show gravity and seriousness involved. Court has to strike balance between two conflicting interests; (i) nobody should be allowed to indulge in wild and reckless allegations besmirching the character of others; and (ii) avoidance of public mischief and to avoid mischievous petitions seeking to assail, for oblique motives, justifiable executive actions. In such case, however, the Court cannot afford to be liberal. It has to be extremely careful to see that under the guise of redressing a public grievance, it does not encroach upon the sphere reserved by the Constitution to the Executive and the Legislature. The Court has to act ruthlessly while dealing with imposters and busybodies or meddlesome interlopers impersonating as public-spirited holy men. They masquerade as crusaders of justice. They pretend to act in the name of Pro Bono Publico though they have no interest of the public or even of their own to protect.
177. The malice of frivolous and vexatious petitions did not originate in India. The jurisprudence developed by the Indian judiciary regarding the imposition of exemplary costs upon frivolous and vexatious PIL petitions is consistent with jurisprudence developed in other countries. U.S. Federal Courts and Canadian Courts have also imposed monetary penalties upon public interest claims regarded as frivolous. The courts also imposed non-monetary penalties upon Advocates for filing frivolous claims. In Everywoman's Health Centre Society v. Bridges 54 B.C.L.R. (2nd Edn.) 294 the British Columbia Court of Appeal granted special costs against the Appellants for bringing a meritless appeal.
178. U.S. Federal Courts too have imposed monetary penalties against plaintiffs for bringing frivolous public interest claims. Rule 11 of the Federal Rules of Civil Procedure ('FRCP') permits Courts to apply an 'appropriate sanction' on any party for filing frivolous claims. Federal Courts have relied on this rule to impose monetary penalties upon frivolous public interest claims. For example, in Harris v. Marsh 679 F.Supp. 1204 (E.D.N.C. 1987) the District Court for the Eastern District of North Carolina imposed a monetary sanction upon two civil rights plaintiffs for bringing a frivolous, vexatious, and meritless employment discrimination claim. The Court explained that 'the increasingly crowded dockets of the federal courts cannot accept or tolerate the heavy burden posed by factually baseless and claims that drain judicial resources.' As a deterrent against such wasteful claims, the Court levied a cost of $83,913.62 upon two individual civil rights plaintiffs and their legal counsel for abusing the judicial process. Case law in Canadian Courts and U.S. Federal Courts exhibits that the imposition of monetary penalties upon frivolous public interest claims is not unique to Indian jurisprudence.
179. Additionally, U.S. Federal Courts have imposed non- monetary penalties upon Attorneys for bringing frivolous claims. Federal rules and case law leave the door open for such non-monetary penalties to be applied equally in private claims and public interest claims. Rule 11 of the FRCP additionally permits Courts to apply an 'appropriate sanction' on Attorneys for filing frivolous claims on behalf of their clients. U.S. Federal Courts have imposed non-monetary sanctions upon Attorneys for bringing frivolous claims under Rule 11.
180. In Frye v. Pena 199 F.3d 1332 (Table) : 1999 WL 974170 for example, the United States Court of Appeals for the Ninth Circuit affirmed the District Court's order to disbar an Attorney for having 'brought and pressed frivolous claims, made personal attacks on various government officials in bad faith and for the purpose of harassment, and demonstrated a lack of candor to, and contempt for, the court.' This judicial stance endorses the ethical obligation embodied in Rule 3.1 of the Model Rules of Professional Conduct ('MRPC'): 'a lawyer shall not bring or defend a proceeding, or assert or controvert an issue therein, unless there is a basis in law and fact for doing so that is not frivolous.' Together, the FRCP, U.S. federal case law, and the MRPC endorse the imposition of non-monetary penalties upon attorneys for bringing frivolous private claims or public interest claims.
181. In Bar Council of Maharashtra (supra) this Court was apprehensive that by widening the legal standing there may be flood of litigation but loosening the definition is also essential in the larger public interest. To arrest the mischief is the obligation and tribute to the judicial system.
182. In S.P. Gupta (supra) the court cautioned that important jurisdiction of public interest litigation may be confined to legal wrongs and legal injuries for a group of people or class of persons. It should not be used for individual wrongs because individuals can always seek redress from legal aid organizations. This is a matter of prudence and not as a rule of law.
183. In Chhetriya Pardushan Mukti Sangharsh Samiti (supra) this Court again emphasized that Article 32 is a great and salutary safeguard for preservation of fundamental rights of the citizens. The superior courts have to ensure that this weapon under Article 32 should not be misused or abused by any individual or organization.
184. In Janata Dal v. H.S. Chowdhary and Ors. : (1992) 4 SCC 305 the court rightly cautioned that expanded role of courts in modern `social' state demand for greater judicial responsibility. The PIL has given new hope of justice-starved millions of people of this country. The court must encourage genuine PIL and discard PIL filed with oblique motives.
185. In Guruvayur Devaswom Managing Committee and Anr. v. C.K. Rajan and Ors. : (2003) 7 SCC 546 it was reiterated that the court must ensure that its process is not abused and in order to prevent abuse of the process, the court would be justified in insisting on furnishing of security before granting injunction in appropriate cases. The courts may impose heavy costs to ensure that judicial process is not misused.
186. In Dattaraj Nathuji Thaware (supra) this Court again cautioned and observed that the court must look into the petition carefully and ensure that there is genuine public interest involved in the case before invoking its jurisdiction. The court should be careful that its jurisdiction is not abused by a person or a body of persons to further his or their personal causes or to satisfy his or their personal grudge or grudges. The stream of justice should not be allowed to be polluted by unscrupulous litigants.
187. In Neetu (supra) this Court observed that under the guise of redressing a public grievance the public interest litigation should not encroach upon the sphere reserved by the Constitution to the Executive and the Legislature.
188. In Holicow Pictures Pvt. Ltd. (supra) this Court observed that the judges who exercise the jurisdiction should be extremely careful to see that behind the beautiful veil of PIL, an ugly private malice, vested interest and/or publicity- seeking is not lurking. The court should ensure that there is no abuse of the process of the court.
189. When we revert to the facts of the present then the conclusion is obvious that this case is a classic case of the abuse of the process of the court. In the present case a practicing lawyer has deliberately abused the process of the court. In that process, he has made a serious attempt to demean an important constitutional office. The petitioner ought to have known that the controversy which he has been raising in the petition stands concluded half a century ago and by a Division Bench judgment of Nagpur High Court in the case of Karkare (supra) the said case was approved by a Constitution Bench of this Court. The controversy involved in this case is no longer res integra. It is unfortunate that even after such a clear enunciation of the legal position, a large number of similar petitions have been filed from time to time in various High Courts. The petitioner ought to have refrained from filing such a frivolous petition.
190. A degree of precision and purity in presentation is a sine qua non for a petition filed by a member of the Bar under the label of public interest litigation. It is expected from a member of the Bar to at least carry out the basic research whether the point raised by him is res integra or not. The lawyer who files such a petition cannot plead ignorance.
191. We would like to make it clear that we are not saying that the petitioner cannot ask the court to review its own judgment because of flaws and lacunae, but that should have been a bona fide presentation with listing of all relevant cases in a chronological order and that a brief description of what judicial opinion has been and cogent and clear request why where should be re-consideration of the existing law. Unfortunately, the petitioner has not done this exercise. The petition which has been filed in the High Court is a clear abuse of the process of law and we have no doubt that the petition has been filed for extraneous considerations. The petition also has the potentiality of demeaning a very important constitutional office. Such petition deserves to be discarded and discouraged so that no one in future would attempt to file a similar petition.
192. On consideration of the totality of the facts and circumstances of the case, we allow the appeals filed by the State and quash the proceedings of the Civil Miscellaneous Writ Petition No. 689 (M/B) of 2001 filed in the Uttaranchal High Court. We further direct that the respondents (who were the petitioners before the High Court) to pay costs of Rs. 1,00,000/- (Rupees One Lakh) in the name of Registrar General of the High court of Uttarakhand. The costs to be paid by the respondents within two months. If the costs is not deposited within two months, the same would be recovered as the arrears of the Land Revenue.
193. We request the Hon'ble Chief Justice of Uttrakhand High Court to create a fund in the name of Uttarakhand High Court Lawyers Welfare Fund if not already in existence. The fund could be utilized for providing necessary help to deserving young lawyers by the Chief Justice of Uttarakhand in consultation with the President of the Bar.
194. We must abundantly make it clear that we are not discouraging the public interest litigation in any manner, what we are trying to curb is its misuse and abuse. According to us, this is a very important branch and, in a large number of PIL petitions, significant directions have been given by the courts for improving ecology and environment, and directions helped in preservation of forests, wildlife, marine life etc. etc. It is the bounden duty and obligation of the courts to encourage genuine bona fide PIL petitions and pass directions and orders in the public interest which are in consonance with the Constitution and the Laws.
195. The Public Interest Litigation, which has been in existence in our country for more than four decades, has a glorious record. This Court and the High Courts by their judicial creativity and craftsmanship have passed a number of directions in the larger public interest in consonance with the inherent spirits of the Constitution. The conditions of marginalized and vulnerable section of society have significantly improved on account of courts directions in the P.I.L.
196. In our considered view, now it has become imperative to streamline the P.I.L.
197. We have carefully considered the facts of the present case. We have also examined the law declared by this Court and other courts in a number of judgments.
198. In order to preserve the purity and sanctity of the PIL, it has become imperative to issue the following directions:
(1) The courts must encourage genuine and bona fide PIL and effectively discourage and curb the PIL filed for extraneous considerations.
(2) Instead of every individual judge devising his own procedure for dealing with the public interest litigation, it would be appropriate for each High Court to properly formulate rules for encouraging the genuine PIL and discouraging the PIL filed with oblique motives. Consequently, we request that the High Courts who have not yet framed the rules, should frame the rules within three months. The Registrar General of each High Court is directed to ensure that a copy of the Rules prepared by the High Court is sent to the Secretary General of this Court immediately thereafter.
(3) The courts should prima facie verify the credentials of the petitioner before entertaining a P.I.L.
(4) The court should be prima facie satisfied regarding the correctness of the contents of the petition before entertaining a PIL.
(5) The court should be fully satisfied that substantial public interest is involved before entertaining the petition.
(6) The court should ensure that the petition which involves larger public interest, gravity and urgency must be given priority over other petitions.
(7) The courts before entertaining the PIL should ensure that the PIL is aimed at redressal of genuine public harm or public injury. The court should also ensure that there is no personal gain, private motive or oblique motive behind filing the public interest litigation.
(8) The court should also ensure that the petitions filed by busybodies for extraneous and ulterior motives must be discouraged by imposing exemplary costs or by adopting similar novel methods to curb frivolous petitions and the petitions filed for extraneous considerations.
199. Copies of this judgment be sent to the Registrar Generals of all the High Courts within one week.
200. These appeals are listed on 03.05.2010 to ensure compliance of our order.