NEW DELHI: The Delhi High Court has said that the offices held by the constitutional functionaries in public trust are not open to denigration, that too in a court of law, by self-styled warriors of public interest on the basis of superficial allegations, having no basis in law or fact.
A bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad dismissed a PIL filed by Sanjeev Kumar Tiwari with Rs one lakh cost, saying the plea against appointment of Justice D Y Chandrachud as the Chief Justice of India has been filed only to gain publicity without there being any material to support the averments.
Releasing its November 11 order on Tuesday, the bench said, "It is a fit case to be crushed at the threshold in the strongest terms. The prayers urged in this petition are not only against the genesis of a social interest litigation, but also revolt against the dignity of the constitutional office."
The bench pointed out the cause espoused in this petition has already been dismissed on November 2 by the Supreme Court but the petitioner chose to come before this court, "after camouflaging the same issue as a fresh cause, which reflects on his oblique motives and highlights the questionable credentials".
The court further said the noble intentions that liberalised the rule of locus stand and permitted public spirited citizens to approach the constitutional courts, for the vindication of rights of those who find themselves incapable to do so, are confronted with a sad reality in litigations like the present one. What is recognised in a court of law is a 'cause of action' and not an action without a cause.
"It is a classic case of an action without a cause, full of surmises, conjectures and wishful thinking. Whereas wishful thinking, in particular, is not a prohibited activity, but when it forms part of the grounds of a petition before the court, it amounts to an abuse of the process of the court and any such attempt must be repelled in a manner that it sends a tenacious message," the bench said.
"The message must be clear that the offices held by the constitutional functionaries in public trust are not open to denigration, that too in a court of law, by self-styled warriors of public interest on the basis of superficial allegations, having no basis in law or fact," the bench added.
The court also noted the writ petition has made scandalous allegations against the former Chief Justices of India without there being any material in support of the same filed along with the writ petition.
"It is unfortunate that allegations have been made against other high dignitaries, including the Union Law Minister. The instant Petition appears to be more of a publicity oriented litigation instead of a public interest litigation," the bench further said.
Read Order
