"Yet Another Case Of Frivolous Petition Masked As PIL"; Bombay HC Imposes 5L Cost On Habitual Petitioner [Read Order]

"This is yet another case of frivolous petition masked as a public interest petition and we find that the Petitioner is misusing the process of this court requiring strict action to be taken against the Petitioner."

A division bench of Chief Justice Pradeep Nandrajog and Justice Bharati Dangre also directed the registry not to entertain any petition filed by Shrivastava until he deposits the cost imposed within four weeks.

This is not the first time that action has been taken against Shrivastava who has filed over 40 PILs before the High Court. Previously, the Court had reprimanded him for claiming to belong to the Economically Weaker Section even though he bore the cost of such litigation. Another bench headed by Chief Justice had directed him to volunteer as a paralegal in tribal areas to collect data.

Case Background

The PIL sought a writ of mandamus to be issued directing Union Ministry of Human Resource and Development and Council of Indian School Certificate Examinations (CISCE) to register an FIR against the Council for the Indian School Certificate for offences punishable under Sections 406, 420 120-B read with Section 34 IPC.

Petitioner sought information from the Government of India under RTI Act, concerning whether the CISCE was recognized or not and received a response from the Department of School Education & Literacy on January 20, 2016 that the HRD ministry only had two Education Boards being Central Board of Secondary Education (CBSE) and National Institute of Open Schooling (NIOS).

However, it was informed to the petitioner that 'Education' being in the Concurrent List of the Constitution, Education Boards are also set up by the State Governments either under the Act of the State Legislature or an Executive Order issued by the concerned State Government.

Order

Court observed-

"Without verifying from the State Governments, the Petition was filed praying as above.

The motive for the Petitioner to do so is evidenced from the printout generated from the world of the internet. The Petitioner has posted on the website that he is a campaigner against corruption and on the cloud funding website has opened a page. The said website enables the Petitioner to receive online donations. We have been shown a printout of the web page of the Petitioner. He admits that it is a printout of the web page and states that as a crusader against corruption, he is entitled to do so."

On the said web page, the petitioner stated that he is a "Social Activist cum Media Reporter fighting against corruption in Education sector." His web page further states that there are over 200 illegal schools in Bombay and 70 in Thane.

After referring to the petitioner's claims on his website, Court noted-

"Various schools have addressed communications to the Chief Executive and Secretary of the Council for the Indian School Certificate that they have been receiving threatening e-mails from the Petitioner. Copy of the e-mail received from the Petitioner has been shown to us. The Petitioner has threatened that he would file criminal complaint in public interest against the persons to whom the e-mail has been addressed. The response filed has annexed documents showing recognition to the Board granted by virtually each and every State Governments and the Administrators of Union Territories in India.

We are satisfied that the Petitioner is misusing the process of the court for the reasons on the web page of the Petitioner he has been posting the orders passed by this Court in the instant Public Interest Litigation seeking funds from the public."

While dismissing the said PIL, Court imposed a cost of Rs.5 lakh on the petitioner and requested CISCE's lawyer Senior Counsel TN Subramanian to file a FIR for extortion against the Petitioner. Court also directed Milaap Social Ventures India Pvt. Ltd, which hosts the petitioner's web page to block it for the reason that petitioner is using the website to generate funds by misusing the process of this Court.

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