Per Ramesh Sinha , Chief Justice
20 .03.2024
1. The present writ petition has been filed by the petitioner under Article 226 of the Constitution of India styled as Public Interest Litigation with the following prayers:
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"10.1. That, the Hon'ble Court may kindly be pleased to call for the entire records pertaining to the case of petitioner, if it is available.
10.2. That, the Hon'ble Court may kindly be pleased to direct to the respondents no. 1 to 6 to protect people of the Muslim community for performing their religious duties.
10.3. That, the Hon'ble Court may kindly be pleased to direct the respondents no. 1 to 6 to take action against fundamentalist organizations who is violating the articles of Constitution of India.
10.4. That, the Hon'ble Court may kindly be pleased to direct to the respondents authorities to maintain law and order according to Constitution of India and existence of law.
10.5. That, such other orders/ directions as the Hon'ble Court deems fit to be given in public interest, be issued to the Respondent no. 1 to 6.
10.6. Cost of the petition may also be granted."
2. Learned counsel for the petitioner submitted that some fundamentalist organizations are attacking a particular society i.e. Muslim community and this attack is a kind of mob lynching and the petitioner Committee had made several complaints before various authorities for taking action against guilty persons that were part of mob lynching, but no action has been taken against those who disturb the peace and order.
3. The Courts should, prima facie, verify the credentials of the petitioner before entertaining a PIL. It is also well settled that 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
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behind filing the public interest litigation. The Courts should ensure the jurisdiction in public interest is invoked for genuine purposes by persons who have bona fide credentials and who do not seek to espouse or pursue any extraneous object. Otherwise, the jurisdiction in public interest can become a source of misuse by private persons seeking to pursue their own vested interests.
4. Considering the prayers and pleadings made in the writ petition which is styled as Public Interest Litigation, we are not satisfied that this is a genuine petition filed in public interest so as to invoke the jurisdiction in the public interest under Article 226 of the Constitution. No specific date or time of any incident has been mentioned and further the present petition is a sketchy one and appears to be filed for personal gain and publicity.
5. The instant PIL is, accordingly, dismissed. However, the petitioner is at liberty to take recourse to law before appropriate forum. Sd/- Sd/-
(Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice
Chandra