The High Court of Jammu & Kashmir and Ladakh has stated that public interest litigation (PIL) is not a panacea for all ills and must not be considered if the petitioners’ credibility is questioned.
A bench consisting of Chief Justice Pankaj Mithal and Justice Rajnesh Oswal also stated that a PIL shouldn’t be seen as a political tool or to embarrass the court.
As a result, a PIL must not be permitted to be brought in order to circumvent the legal system or if the petitions are frivolous, misconceived, baseless, or untenable.
As a result, the Court rejected the petition filed by a 25-year-old law graduate seeking the reopening of the Jammu and Kashmir Human Rights Commission, Women Commission, Accountability Commission, and State Information Commission, which were all shuttered following the repeal of Articles 370 and 35A of the Indian Constitution.
The petitioner was also ordered to pay Rs. 10,000 in costs.
The Court dismissed the plea, stating that the grounds in the petition filed proved that the applicant was not a genuine person, but rather a dummy individual set up by someone else to commence the case in the public good.
However, It further stated that it expects the authorities to implement serious steps to resurrect the defunct organisations specified in the petition.