“PILs in India now being filed to stop actresses wedding from marrying someone for astrological reasons”: Justice AHMD Nawaz, judge, Supreme Court of Sri Lanka
Justice AHMD Nawaz, judge, Supreme Court of Sri Lanka, today remarked that Public Interest Litigations are filed in India these days for mundane reasons such as a preventing an actress from marrying someone for astrological reasons. The judge further cited a 2008 case where a PIL was filed in the Supreme Court to call back Indian cricket team from Australia owing to racial abuse.
Justice Nawaz was at the the International Conference on Environmental Diversity and Environmental Jurisprudence, 2022 at Chandigarh University. He was addressing on the topic “PIL- A toolkit in the present time: A balanced outlook.” Justice Nawaz said that some of the best cases from India, that he has read, are the judgments of PILs. He praised the concept of PIL in India since they represent people who cannot afford the cost of litigation.
Speaking of the judgment of Justice Krishna Iyer in Mumbai Kamgar Sabha, Bombay vs M/S Abdulbhai Faizullabhai and explained the PIL jurisprudence evolved in India with the aid of the judgments of the Supreme Court. Justice Nawaz spoke of contributions made by Justice PN Bhagwati to the jurisdiction and said “ Justice Bhagwati has contributed immensely to the epistolary jurisdiction and ensured that even a letter can be taken as a PIL.” He referred to a plethora of judgments of the Supreme Court including Upendra Baxi Vs Union of India and PUCL Vs Union of India to note that PILs were more institutionalised from 1980. He also spoke of many environmental litigations filed in the 1970 and 80s by MC Mehta which would prove to be the foundation of Indian environmental jurisprudence.
Justice Nawaz however said that PILs have now become mundane and quoted the above examples for it. One being asked if PILs are being filed for publicity of late, Justice Nawaz said “Sometimes petitioners make frivolous arguments. But I am not in favour of imposing costs on such litigation . Public spirited litigation should be encouraged.”
Apart from Justice Nawaz. Justice Jyoti Singh of the Delhi High Court, Justice Anupinder Singh Grewal , judge, Punjab and Haryana High Court and Judge of Sri Lanka Supreme Court Justice AHMD Nawaz also addressed the session.
The two-day conference is being organized to emphasize on understanding and analyzing the potentials and threats faced by bio-diversity and to attain environmental Justice through sound regulatory mechanisms. This year's theme takes on the sustainable use of bio-diversity to assist Nation's growth while maintaining eco-system wellness and environmental Justice.
The conference was inaugurated by Vice President of India Venkaiah Naidu, he said “environmental regulations should not be strangulating but should act as guiding principles for the people” Other dignitaries who attended the inaugural session included Supreme Court judges Justice Surya Kant, Justice Bhushan Ramkrishna Gavai, Chief Justice of Himachal Pradesh High Court Justice Mohammad Rafiq, former Chairperson of the National Green Tribunal Justice Swatanter Kumar (Retd.), UN Resident Coordinator of India Mr. Shombi Sharp, Judge at National High Court of Brazil Justice Antonio Herman Benjamin and Governor of Punjab, Tamil Nadu & Administrator U.T., Chandigarh Banwarilal Purohit.
The two day conference is being organised to emphasize on understanding and analyzing the potentials and threats faced by bio-diversity and to attain environmental Justice through sound regulatory mechanisms.
This year's theme takes on the sustainable use of bio-diversity to assist Nation's growth while maintaining eco-system wellness and environmental Justice.
The conference also aims to sensitizing youth, professionals, social workers, community members, and people from all walks of life about Environmental Diversity and Environmental Jurisprudence as the need of the hour.