Excelsior Correspondent
JAMMU, Nov 17: The High Court of Jammu & Kashmir and Ladakh has dismissed a Public Interest Litigation (PIL) filed against the newly appointed Lieutenant Governor of Ladakh, reiterating that the PIL jurisdiction cannot be permitted to be used for publicity or personal motives.
The writ petition titled Press Core Council Vs Union of India was taken up by a Division Bench comprising Chief Justice Arun Palli and Justice Rajnesh Oswal.
The petitioner, Press Core Council, was represented by Indu Bhushan Bali, who appeared in person while as the respondent-Union of India was represented by Vishal Sharma, Deputy Solicitor General of India (DSGI), assisted by Advocate Sumant Sudan.
In the petition, directions were sought for a time-bound judicial inquiry into allegations said to have been made publicly and on social media by a prominent advocate against the recently appointed Lieutenant Governor of Ladakh and the Jammu Development Authority (JDA) with regard to alleged illegal constructions.
The petitioner had also prayed for a probe by the Central Vigilance Commission, Central Bureau of Investigation or any other independent authority, besides seeking directions to JDA to produce records and to the media to ensure responsible reporting.
The Bench, however, observed that except for bald assertions in the pleadings, there were no specific particulars or documentary material on record to substantiate the allegations. Significantly, even the alleged social media posts and media addresses, which formed the very basis of the petition, had not been annexed.
Referring to the judgment of the Supreme Court in State of Jharkhand Vs Shiv Shankar Sharma and earlier pronouncements on misuse of PIL jurisdiction, the High Court reiterated that Public Interest Litigation cannot be allowed to degenerate into “publicity interest” or “private interest” litigation and that vague, general and unsubstantiated allegations do not warrant invocation of PIL jurisdiction.
The Bench noted that the petitioner was virtually seeking a roving inquiry by premier investigating agencies solely on the strength of unverified accusations, which, it held, amounted to an abuse of the process of court.
“We have no hesitation in holding that this petition is not only misconceived but has been filed with the intention of gaining public attention,” the Court observed, declining to entertain the PIL.
While remarking that the matter deserved to be dismissed with exemplary costs, the High Court adopted a lenient view and dismissed the petition without imposing costs. However, it cautioned the petitioner not to indulge in such unwarranted litigations merely for publicity purposes in future.
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