Advocate Files PIL Seeking Asylum For Afghanistan SC Judge As Her 'Next Friend': Allahabad HC Dismisses It With 10K Cost

The Allahabad High Court last week imposed 10,000/- cost on an Advocate who filed a Public Interest Litigation (PIL) petition seeking Constitutional Political Asylum, inter alia, on behalf of a Judge of Supreme Court of Afghanistan in view of the ongoing political turmoil in Afghanistan.

Dismissing the PIL, the Bench of Justice Ritu Raj Awasthi and Justice Abdul Moin observed that instead of a Public Interest Litigation, the plea had been filed more for seeking publicity than for any other purpose.

The facts in brief 

The instant PIL had been filed by Advocate Suresh Kumar Gupta allegedly on behalf of Qazi Marzia, Judge of Supreme Court of Afghanistan, Saleema Majari, Ex-Governor, Kandhar Pre-Indian Province of State of Kalath Afghanistan and Nilofar Rahmani, Fighter Pilot Afghan Nationalist Armys seeking the following relief:-

• To provide the Constitutional Political Asylum to the petitioners as well as provide him each and every legal help after bringing them within their territory of India for Constitutional safeguards provided under Article 21 of the Constitution of India.
• Direction to the Central Government and High Commissioner of Afghanistan to take necessary Diplomatic steps including the Military Operations as ell as the backchannel Covered Operation/ Diplomatic operations for ensuring a safe humanitarian/political atmosphere in the Province of Afghanistan.
  

Advocate Gupta claimed that he is a friend of the petitioners on social media, however, he didn't explain how he is a friend which enabled him to file the instant writ petition on behalf of the petitioners.

The Court noted that there was no authorization of petitioners, authorizing Advocate Suresh Kumar Gupta to file the instant petition nor any vakalatnama had been given to Advocate Gupta by the petitioners.

Court's observations 

The Court, at the outset, noted that as per the ruling of Ashok Kumar Pandey Vs. The State of West Bengal and Ors AIR 2004 SC 280, the petition by a person in the capacity of a friend can only be filed in the case of a minor or an insane person or one who is suffering from any other disability which the law recognizes as sufficient to permit another person e.g., next friend, to move the Court on his behalf.

In this backdrop, the Court noted thus:

"It is not the case of Sri Suresh Kumar Gupta that the petitioners no. 1, 2 & 3 are either minor or insane or suffering from any other disability which the law recognizes as sufficient to permit Sri Suresh Kumar Gupta to move the Court on their behalf. Thus we are constrained to hold that the instant Public Interest Litigation filed by Sri Suresh Kumar Gupta in the capacity of being friend or next friend of petitioners no. 1, 2 & 3 is clearly not maintainable and deserves to be dismissed on this ground alone."

Regarding the credentials of Advocate Gupta, the Court noted that except for mentioning that he is a well-known public-spirited social activist who is contributing to the society/nation in all possible ways, he did not state anything disclosing his "credentials" anywhere in the plea.

Lastly, the Court also observed that the instant PIL had only been filed on the basis of newspaper reports, and therefore, the Court held that the present PIL would not be maintainable.

Consequently, while dismissing the petition, the Court imposed a token cost of Rs. 10,000/- on Advocate Suresh Kumar Gupta for having wasted the precious judicial time of the Court.

Let such cost be deposited with the High Court Legal Service Sub- Committee, Lucknow within 30 days failing which the cost shall be recovered as arrears of land revenue by the District Magistrate, Lucknow, the High Court directed.

Case title - Hon'Qazi Marzia J. S.C.Afganistan Thru.Adv.(InPerson)&Ors. v. U.O.I. Thru. Secy. P.M. Office N.Delhi & Ors.

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