'We're Unable To Decide Present Govt Policies & You're Pointing Error In Policies Of Shah Jahan & Aurangzeb?': Delhi HC Refrains From Imposing Cost

The Delhi High Court today slammed a public interest litigant challenging the content published by NCERT in a class 12th History Book, pertaining to policies of Mughal rulers granting concessions for construction/ repairing of temples.

"We are unable to decide present policies of Government and you're pointing out errors with some policy of Shah Jahan and Aurangzeb? This the High Court will decide?" the Bench of Chief Justice DN Patel and Justice Jyoti Singh remarked at the outset.

The petitioner, Sanjeev Vikal, had approached the High Court by filing a PIL against National Council of Educational Research and Training (NCERT) through Advocate Hitesh Baisla.

It was submitted that one of the chapters in the NCERT History text book of Class 12th titled 'Themes of Indian History (Part II)' mentions that even when temples were destroyed during wars, grants were later issued by then Rulers for carrying out repair works.

It was the case of the Petitioner that this is factually incorrect, and that no concessions for construction/ repair of temples were granted during the reigns of Shah Jahan and Aurangzeb.

Taking exception to filing of such 'useless PIL', the Bench remarked,

"If you're such PIL champions, then you should come and tell us that here is Tax evasion...there we will take action. Where is your common sense?"

The Bench went on to express displeasure at the increased filing of frivolous PILs in the Delhi High Court. It remarked,

"Whatever random ideas you get at night, in the morning you come and file PILs. This is the condition of lawyers here. It's happening only in Delhi High Court. You have a lot of free time on your hands." (translated version)

The Bench however refrained from imposing cost upon the litigant, after he sought permission to withdraw the petition unconditionally.

The matter was accordingly dismissed.

Case Title: Sanjeev Vikal v. Union of India