Friday, November 27, 2020
Home News Reports Supreme Court expressed displeasure over filing frivolous PILs, says the whole concept has been...

Supreme Court expressed displeasure over filing frivolous PILs, says the whole concept has been lost

A Supreme Court bench headed by Justice NV Ramana and comprising Justices SK Kaul and BR Gavai said the concept of the PIL has been forgotten, as lawyers keep filing petitions on "what they feel is possible". "This is not public interest litigation," observed the bench.

Taking a strong objection on lawyers filing frivolous Public Interest Litigations (PIL) pleas, the Supreme Court expressed its displeasure against some of the PILs seeking wide-ranging directions to the centre on various issues involving the nationwide lockdown.

According to a report in New Indian Express, the Supreme court observed that the whole concept of the PIL has been lost.

A Supreme Court bench headed by Justice NV Ramana and comprising Justices SK Kaul and BR Gavai said the concept of the PIL has been forgotten, as lawyers keep filing petitions on “what they feel is possible”. “This is not public interest litigation,” observed the bench.

PIL filed in SC citing gaps in RBI loan moratorium circular

The observation from the apex court came after a batch of petitions were filed citing gaps in the RBI circular issued on March 27, granting a three-month moratorium on repayment of term loans by borrowers, which meant they would not have to pay loan EMI instalments during the moratorium period.

The bench junking the PILs said there was no aggrieved party before it. The court also asked how would the lawyer justify that it was a bad scheme. The court also noted that none of the lawyers represented the actual borrower.

“How can you file Article 32 petition? Are you an aggrieved party in this petition?” asked Justice Kaul.

The lawyer replied the scheme will affect everyone. “How are you saying you are an affected party?” Justice Kaul repeated his query.

Another petitioner argued that the banks were not implementing the RBI’s 27 March circular on EMI moratorium and many were aggrieved. The bench, however, said, “We direct the Reserve Bank of India to ensure implementation of the Circular on 27 March, in its letter and spirit.”

In a separate PIL, another petitioner sought direction from the top court to universalise the public distribution system and provide ration to those who do not have ration cards. The top court said it has already asked the Centre to examine the matter.

PILs becoming a tool to promote judicial activism?

In 1986, the then Chief Justice PN Bhagwati introduced PIL to the Indian judicial system. The original intent was to provide access to justice to aggrieved citizens. It allowed an individual or NGO to approach the top court seeking protection of rights of the downtrodden. But by the mid-1990s a flurry of high-profile cases was filed using the PIL instrument.

A section of activists-turned-lawyers has been misusing PILs to exert influence on the elected government. The activism through judiciary by certain members of the left-liberal ecosystem to hold the elected government into ransom has been criticised several times in the past.

Lawyers-turned-activists have been overburdening the courts by filing frivolous PILs to promote vested interests. The PILs have been largely used today to seek political and personal gains. The PIL is no more limited to problems of the poor and the oppressed.

The charges of ‘Judicial Overreach’ by the Judiciary and allegations of judiciary overstepping its jurisdiction by engaging in such frivolous PILs have also been made in recent times.

  Support Us  

Whether NDTV or 'The Wire', they never have to worry about funds. In name of saving democracy, they get money from various sources. We need your support to fight them. Please contribute whatever you can afford

OpIndia Staffhttps://www.opindia.com
Staff reporter at OpIndia

Related Articles

Trending now

‘Such conduct does not befit a parliamentarian’, Bombay HC tears into Shiv Sena MP Sanjay Raut for his despicable remarks against Kangana Ranaut

"Sanjay Raut, without being bothered that the rule of law should always prevail, was determined to teach a lesson to Kangana Ranaut": Bombay HC

From the mass suicide in Jodhpur to the effect of rules of CAA not being notified: The Left propaganda against CAA continues

11 Bheel refugees from Pakistan committed mass suicide, that, coupled with CAA rules, has turned into a propaganda flashpoint

Is the central govt recruiting Rohingya Muslims who have illegally infiltrated into India? Not really: Here are the facts

Earlier today, a concerning message went viral on social media claiming that RAW was recruiting Rohingya Muslims

‘Indira thok di…Modi ki chhati mein’, ‘Imran Khan dost’: Congress plays a dangerous game as ‘farmer’ protest turns into show of strength for Khalistanis

Farmer protest along Punjab-Haryana border have seen participation from Khalistanis, even as Congress lends support to them

‘Malafide intent’, ‘action to target her for statements’: Bombay HC slams BMC for demolishing Kangana Ranaut’s house, appoints valuer to ascertain damage

Bombay HC was hearing a writ petition filed by Kangana Ranaut challenging the demolition of her bungalow by the Mumbai civic body

Abetment to suicide charge not established in FIR: Massive victory for Arnab Goswami as SC delivers scathing statements

A bench of Justices DY Chandrachud and Indira Banerjee stated that the FIR by Maharashtra government does not establish the charges of abetment of suicide against Arnab Goswami.

Recently Popular

Odisha: Largest ever vigilance raid in state unearths massive wealth gathered by IFS officer, fancy cars, ultra-luxurious lifestyle

Pathak's family reportedly owns a lavish apartment in Bhubaneswar with Italian marble flooring, ivory furnitures and other luxuries. The son is engaged to an MLA's daughter.

Hyderabad elections: Owaisi makes ‘beef biriyani’ sly on BJP leaders, Raja Singh offers him pork biriyani

As an insult to BJP leaders, Owaisi had stated that they should have some biriyani at a particular hotel in Hyderabad that is famous for beef dishes.

Remembering the role Barkha Dutt played in endangering the lives of 100s of civilians during the 26/11 Mumbai terror attack

A look back at how live coverage by journalists like Barkha Dutt and other journalists endangered lives of thousands of people during 26/11 Mumbai terror attack.

Aziz Burney’s ’26/11 RSS ki Saazish’: Read how the Congress-favourite Urdu journalist gave Pakistan a clean chit and blamed Indian Army

Through his articles, Burney had tried to give a clean chit to terror-state of Pakistan by claiming that it was not the ISI or LeT that was behind the attack, but the RSS with covert support from Mossad and the CIA.

‘Indira thok di…Modi ki chhati mein’, ‘Imran Khan dost’: Congress plays a dangerous game as ‘farmer’ protest turns into show of strength for Khalistanis

Farmer protest along Punjab-Haryana border have seen participation from Khalistanis, even as Congress lends support to them

During 26/11 Mumbai attack, Param Bir Singh refused to be on ground and take on terrorists, then Mumbai CP Hasan Gafoor had said

Hasan Gafoor, who was the Mumbai Commissioner of Police during the 26/11 Mumbai terror attacks, had accused senior police officials, including Param Bir Singh of not taking on the terrorists.

Delhi: Severed heads of cows found lying on the road in Ghazipur, locals allege crime committed with impunity with the help of the local...

OpIndia obtained a video in which severed heads of the cows are seen lying scattered on the streets of Ghazipur in Delhi

The UK and Russia steer away from China, emphasise on the use of domestic equipment by tech companies, 5G mobile networks

Russia has said that equipment used in the deployment of 5G network in the country would be exclusively Russian-origin.

Netizens call to Boycott tax evasion accused Amrapali Jewels after it pitches Swara Bhasker as its brand ambassador

The official Twitter account of Amrapali Jewels had posted a tweet with a picture of actor Swara Bhasker endorsing its products

BJP names Sushil Modi as its candidate in the Rajya Sabha by-election for the seat vacated due to death of Ram Vilas Paswan

Although Rajya Sabha MPs are elected for six years, Sushil Modi will remain MP only till 2024, as he will get the remaining term of the vacant seat

Haryana: Ikram tries to abduct Hindu girl, molest and assault the girl and family for refusing his advances of conversion and marriage

Ikram had allegedly insisted on getting the Hindu girl converted to Islam and thereafter marring her in his community

Mumbai Mayor calls Kangana Ranaut ‘naughty’, ‘two Rupees people’ after Bombay HC slammed BMC for demolishing Ranaut’s house

Bombay HC had quashed demolition notice sent by BMC to Kangana Ranaut and ordered to appoint a valuer to determine compensation

Shoaib Akhtar hails Pakistan as ‘greatest nation on the planet’, slams New Zealand for warning Pakistani cricketers against violating isolation protocol

New Zealand issued final warning to Pakistan Cricket team after 6 cricketers tested positive for Covid-19 & violated isolation protocol

Malegaon blasts: Bombay High Court accepts intervention plea of the victim’s family against Lt Col Purohit’s petition

Representing Lt Col Purohit, senior advocate Mukul Rohatgi stated that his client was falsely accused in the case while he was merely discharging his duty.

Murti restored a week after Hoysala-era Mahakali murti at Doddagaddavalli temple was found damaged: Read details

Week after a Mahakali murti at Doddagaddavalli Temple near Hassan district, Karnataka was found damaged, the sculptors have restored the Hoysala-era murti to its original form

PM Modi to review the progress of COVID-19 vaccine development in Ahmedabad, Hyderabad and Pune

During his three-city visit Prime Minister Narendra Modi will review the development and manufacturing of three vaccine candidates by Zydus, Bharat Biotech and Serum Institute of India respectively.

Connect with us

245,563FansLike
489,654FollowersFollow
20,200SubscribersSubscribe