“Where Has PILs Come To !!”, CJI As He Dismissed Swamy’s PIL On MHA’s National Security Policy

CJI on frivolous PILs

• “Look where it has come to..PIL was originally conceived for the poor and marginalized …you are seeking a policy on national security matters..we refrain from entering into the arena”.


• “We do not have time for all this. Yesterday we disposed of 10 matters…money claims, maintenance claims, motor accident claims..people are crying for justice,,and then comes such PILs..frivolous appeals are no service to law” (in another PIL)

An angry Chief Justice Dipak Misra today dismissed at least four “frivolous” Public Interest Litigations including one filed by BJP leader Subramanian Swamy against Home Ministry’s National Security Policy.

“How security can be managed.. how can a court decide? these are departmental matters..in a PIL how can we decide all this…” asked Chief Justice Misra.

When Swamy said not home ministry but only the President can delegate powers on national security matters, the CJI, heading a three judge bench said we cannot issue a general direction and you  please come when a case comes and we will see”.

“And by the way you have a locus to say so? We are questioning your locus..you are a member of a political party by the way why don’t you yourself take it up with your government ?”, the CJI asked Swamy

Before dismissing the PIL, an angry said “Look where it has come to..PIL was originally conceived for the poor and marginalized …you are seeking a policy on national security matters..we refrain from entering into the arena”.

Dismissing another PIL asking the court to frame a traffic policy, the bench asked “What kind of PIL is this ?” now the court will monitor traffic policy?

Rejecting yet another “frivolous” PIL, the CJI said “we do not have time for all this. Yesterday we disposed of 10 matters…money claims, maintenance claims, motor accident claims..people are crying for justice,,and then comes such PILs..frivolous appeals are no service to law”

NOT FIRST TIME

On October 28 too the CJI had asked “For what PILs were originally conceived and now what it has become..what it has come to..”, an upset Chief Justice had  told senior advocate C U Singh during a  nearly half an hour long hearing of a Public Interest Litigation which challenged construction of stadiums in Gujarat.

“Initially PILs were only for the poor and underprivileged, to improve their cause..for their upliftment…now look at this one..such petitions will stall investments in India”, CJI Misra told Singh who appeared for  Gujarat Congress MLA Babubhai Meghaji Shah.