In a significant judgment, the Gujarat High Court has dismissed a Public Interest Litigation (PIL) filed by Ajay Rameshbhai Trivedi, who identified himself as an RTI activist and whistleblower. The PIL sought the demolition of purportedly unauthorized constructions near Lajpore Central Jail in Surat, alleging violations of government orders and potential threats to public safety. However, the court found the petition to be an abuse of the judicial process, motivated by personal gain, and imposed an exemplary cost of ₹20 lakh on the petitioner.
Background of the Case
Ajay Rameshbhai Trivedi approached the Gujarat High Court with claims that Gita Industries Co-Operative Service Society Ltd had constructed residential buildings in contravention of previous government directives. He argued that these constructions, due to their proximity to the central jail, posed security risks. Trivedi presented himself as a concerned citizen, leveraging his status as an RTI activist to lend credibility to his allegations.
Court's Observations and Findings
The division bench, comprising Chief Justice Sunita Agarwal and Justice Pranav Trivedi, scrutinized the petition and found several inconsistencies and questionable motives. The court noted that Trivedi's credentials were "highly doubtful" and that he lacked the locus standi to maintain the petition. A pivotal factor in the court's decision was the revelation that Trivedi had been caught in a blackmailing incident during a sting operation. This incident severely undermined his credibility and suggested that the PIL was filed with ulterior motives rather than genuine public interest.
The bench stated:
"The present public interest litigation seems to have been filed with ulterior motive for personal gain by making allegations of illegal constructions against the respondent society. The fact that the petitioner's credentials are found to be highly doubtful... is sufficient to show him the exit doors of the Court, inasmuch as such an unscrupulous person cannot be permitted to misuse the process of this Court."
Imposition of Exemplary Costs
Recognizing the misuse of the judicial process, the court imposed an exemplary cost of ₹20 lakh on Trivedi. The bench emphasized that such penalties are essential to deter individuals from exploiting the PIL mechanism for personal agendas. The court directed that the amount be deposited within two months from the date of the order.
Furthermore, to prevent future misuse, the court ordered:
"We further provide as an abundant caution, that any other writ petition, if filed in the name of the petitioner, namely Ajay Rameshbhai Trivedi, in the nature of public interest litigation pertaining to the District Surat, in future, shall be placed before the Registrar (Judicial) for scrutiny and no such petition shall be entertained by the registry at the instance of the said person."
Implications of the Judgment
This ruling serves as a stern warning against the misuse of PILs, a tool designed to address genuine public concerns. The court's decision underscores the importance of maintaining the sanctity of the judicial process and ensuring that it is not exploited for personal vendettas or gains. By imposing a substantial penalty and setting procedural safeguards against future misuse by the petitioner, the Gujarat High Court has reinforced the principle that the judiciary is not a platform for frivolous or malicious litigations.
Conclusion
The dismissal of the PIL filed by Ajay Rameshbhai Trivedi, coupled with the imposition of a ₹20 lakh cost, highlights the judiciary's commitment to preserving the integrity of legal processes. It sends a clear message that the courts will not tolerate the exploitation of PILs for personal interests and will take stringent actions against those who attempt to do so. This judgment not only protects the judicial system from abuse but also ensures that genuine public interest issues receive the attention and seriousness they deserve.
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