In a significant move to safeguard public interest, the Allahabad High Court has taken over a long-pending petition concerning the regulation of acid sales in Uttar Pradesh. The court converted the public interest litigation (PIL) into a suo moto proceeding after the original petitioner expressed a desire to withdraw from the case.
Court Steps In to Prevent Defeat of Justice
The bench, comprising Justice Saumitra Dayal Singh and Justice Vivek Saran, passed the crucial order on December 9. This decision came after the original petitioner, Anubhav Verma, who had filed the PIL back in 2014, submitted that he was no longer inclined to pursue the litigation. The petition specifically sought restrictions and regulations on the sale of acid within the state.
While permitting the petitioner and his counsel, Sri Pradeep Kumar, to withdraw, the judges made a pivotal observation. They stated that while they could not judge the petitioner's motives, "the interest of justice may be defeated if such litigation is permitted to be withdrawn on the volition of the original petitioner." The bench emphasized that since this was a matter of genuine public interest and not an adversarial dispute between two parties, the case needed to continue.
Case Re-registered and Legal Assistance Secured
To ensure the matter did not lapse, the court directed its Registry to maintain the cause and formally re-register the proceedings as a suo moto petition. This procedural change involves updating the party descriptions and other formalities. Furthermore, recognizing the complexity and importance of the issue, the bench appointed advocates Akanksha Mishra and Utkarshini Singh as Amicus Curiae (friends of the court).
The role of the amicus curiae is to provide independent legal assistance and expertise to the court, ensuring that all relevant aspects of regulating acid sales are thoroughly examined. This step guarantees that the court will continue to receive informed guidance despite the original petitioner's exit.
Broader Implications for Public Interest Litigation
This order sets a notable precedent for how courts handle public interest litigations when petitioners seek to back out. The Allahabad High Court's intervention underscores the judiciary's proactive role in ensuring that matters of critical societal concern are not abandoned midway. The regulation of acid sales is a pressing issue linked to public safety, particularly concerning acid attack crimes, and requires sustained judicial scrutiny.
By taking suo motu cognizance, the court has effectively kept the 2014 petition alive and on its active docket. The move signals that in matters of significant public import, the pursuit of justice transcends the individual choices of the litigant who initiated the case. The hearing in the re-registered suo moto proceeding is awaited, where the appointed amicus curiae will now aid the court in examining the need for stricter acid sale regulations in Uttar Pradesh.
