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‘Every PIL Is Not Bonafide’: Supreme Court Dismisses PIL Seeking Mechanism To Get Copies Of Petitions From Registry

Padmakshi Sharma
18 March 2023 11:06 AM GMT
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In a PIL filed against the Supreme Court Registry because a party was not provided with the copy of petitions challenging the religious conversion laws, the Supreme Court bench comprising CJI DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala, reprimanded the party stating that every PIL was not a bona fide PIL.

The counsel for petitioner argued that there was no mechanism in place to provide affected stakeholders with a copy of petitions they are interested in.

CJI DY Chandrachud asked–

"How are you an affected stakeholder? There are some petitions challenging conversion laws of various states. You find your own petition. Why do you say that you should also get a copy?"

The Chief Justice added–

"Every Public Interest Litigation is not necessarily a bona fide Public Interest Litigation."

However, the petitioner continued his arguments saying–

"Please appreciate this. My PIL has been filed. Now there is a person sitting somewhere in the country and he wants to have a copy of the paper book. Maybe he even wants to become a party to the petition..."

Justice PS Narasimha intervened and stated that in such cases, the rules under Supreme Court Rules would apply. He stated that if somebody wants a copy, they had to apply for the copy as per prescribed rules. However, the petitioner argued that such rules would apply in private litigation as a private litigator would make efforts to apply for a copy in the manner prescribed.

The bench was not inclined to entertain the petition and dismissed the same with Justice Narasimha remarking that this was a waste of the court's time.

Case Title: Sachin Jain v. Registrar, SCI And Anr. WP(C) No. 244/2023

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