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The division bench said that words like 'scam' had become very fashionable while emphasizing that the petitioner should not make a mockery of PILs
The Bombay High Court on Wednesday dismissed a Criminal Public Interest Litigation seeking the registration of an FIR for an alleged scam in 15 different municipal wards.
The division bench of the high court, comprising Chief Justice Devendra Upadhyaya and Justice Arif Doctor, while dismissing the PIL, stated that the petitioner had an adequate remedy under Section 156(3) of the Code of Criminal Procedure.
“The perusal of prayer reveals that petitioner is seeking direction to lodge FIR. For said purpose, the petitioner is advised to take recourse to 156(3). Accordingly, we are not inclined to entertain PIL. Dismissed,” the order reads.
The petitioner relied on an inquiry report alleging violations in buildings in 15 different municipal wards of the Brihanmumbai Municipal Corporation (BMC).
In the cause title of the PIL, the petitioner described himself as a businessman and claimed to be a reporter in the pleadings made before the court.
After the high court pointed this out to the advocate appearing for the petitioner, he responded and said it would be corrected.
However, the division bench said that words like 'scam' had become very fashionable while emphasizing that the petitioner should not make a mockery of PILs.
“As per high court rules you have to give undertaking and disclosures. This creates doubt. There is a contradiction. You are describing yourself as a businessman, you are submitting yourself that you are a reporter. The words ‘scam’ have become fashionable. This has happened and that has happened. We are not satisfied, we are not sitting here as police officers. Do not make a mockery of PILs. We have been requesting everyone to maintain the sanctity of PILs," the court said.
Special Public Prosecutor Hiten Venegaonkar appearing for the state government submitted that the petitioner could avail his remedies under Section 156(3) of the Code of Criminal Procedure.
Therefore, the bench proceeded to dismiss the Public Interest Litigation.
Case title: Rajesh Hiraman Lokhande vs State of Maharashtra
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