Tuesday , 21 August 2018

HC: PILs once accepted cannot be withdrawn without permission




The High Court of Bombay at Goa while hearing a case stated that the petitioners cannot withdraw PILs once accepted by the court without seeking permission to leave.

The Court also said that if the cause be genuine, we will continue that PIL with the petitioner or without him. The division bench of the High Court consisting of Justice G S Patel and Justice Nutan D Sardessai in a petition filed by social activist Kashinath Shetye and others said that “we are seriously, and more than somewhat, dismayed by the conduct of the first petitioner, Shetye, who appears in person. We do not appreciate his demeanour.”

“When confronted with a question of the inappropriateness of his petition, its tone and its language, he is by turns peevish and downright disrespectful. He tells us he will withdraw all of his several hundred petitions. If this is supposed to be some sort of threat, or meant to intimidate, it is an epic failure; and if these are PILs, it says more about the bona fides of those PILs than he imagines.”

“He is also mistaken if he believes that he can withdraw a PIL without our leave. If the cause be genuine, we will continue that PIL with him or without him.”

The High Court also said that “if the attempt is to convey that his filing petition after petition is some sort of favour to the court, the judicial system or society at large, then he is simply wrong. All before us are on exactly the same footing, none more, none less.”

While dismissing a petition related to a restaurant, the Court said that “this is the last time we remind the first petitioner of his obligations to a Court as a litigant before us. There will not be another.”


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