PIL cannot be used as tool to subvert judicial orders: Orissa High Court

The Public Interest Litigation cannot be used as a tool to subvert or overcome the judicial orders passed by the competent Court, and a litigant who does not come to the Court with clean hands should not be permitted to steal the march from the corridors of the Court without being dealt sternly, the Orissa High Court ruled while dismissing a petition.

A Division Bench of Chief Justice Harish Tandon and Justice M.S. Raman dismissed the writ petition filed by M/s. M.K. Industries, Cuttack, in the nature of Public Interest Litigation and directed the petitioner to deposit Rs 2 lakh with the Odisha State Legal Services Authority (OSLSA) within a period of three weeks.

Advertisement

In the event of deposit of the said amount, the same shall be invested for providing better facilities and amenities in different juvenile homes, run by the Government and/or Non-Governmental Organizations (NGOs), according to the order.

As a similar petition filed before the Lokayukta in a subsequent complaint containing similar and identical allegations has been stayed, the litigant shall not be permitted to perpetuate the grievance by filing frequent applications when an enquiry at one point of time does not yield a favourable result, the Division Bench ruled.

It is a classic example of misuse and abuse of the avenue of the Public Interest Litigation (PIL) not only by suppressing the material facts but also adopting such circuitous route to achieve the goal which was denied at an earlier point of time, stated the order.

The counsel appearing on behalf of the petitioner, in his eloquence, made submission in such a manner that it inculcates the sense in us that he appears to be a whistle-blower against a massive corruption prevalent in the Mechanical Division at Hirakud, said the order.