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Malicious PILs should be dealt with sternly: SC Judge

Written by: Staff

Bangalore, Oct 26 (UNI) Public Interest Litigations (PIL) filed with an ''ugly private malice'' or with a motive to seek publicity should be dealt with in all seriousness, Supreme Court Judge Mr Justice Arjit Pasayat opined today.

Delivering a lecture on PIL at the golden jubilee celebrations of the Karnataka High Court, he said when considering a PIL, it was important for the judge to examine the locus standi of the petitioner. It should be bonafide as PIL was not a matter of curiosity or amusement, but in the interest of the society. Besides, the judges should also ascertain how the documents produced in support of a PIL were procured. It was a weapon in the hands of those whose legal rights were denied. Courts must ensure that the objective of PIL was not defeated or abused, he reiterated.

Karnataka High Court Chief Justice Cyriac Joseph, who also spoke, expressed dissatisfaction over the misuse and abuse of PIL. However, PIL was here to stay and it could not be abandoned. A prudent approach had to be adopted to minimise its abuse and the positive side of the system would have to be encouraged.

He expressed dismay over the people's tendency to rush to courts when the problem could be essentially solved by officials in a democratic set up.

''Our citizens have lost their civic sense and forgotten their democratic rights. When aggrieved, they first run to the court, but fail to get things done by officials who are meant to serve them.

When an elected representative fails to serve them, why don't they question him. Why no one goes to a MLA or MLC's house and demonstrates against his/her failure to serve the people,''he asked.


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