J&K&L High Court Dismisses 'Frivolous' PIL, Calls It 'Figment of Imagination'
J&K&L HC dismisses frivolous PIL as 'figment of imagination'

High Court Takes Stern Stand Against Frivolous PIL

The Jammu and Kashmir and Ladakh High Court has delivered a strong message against the misuse of public interest litigation by dismissing a petition it described as "grossly misconceived" and "utterly frivolous." The bench, comprising Justices Sanjeev Kumar and Sanjay Parihar, made sharp observations about the petitioner's mental state while rejecting the plea filed on November 19.

In their ruling, the judges noted that the PIL lacked basic ingredients and appeared to be the product of a "deranged mind living in the world of hallucination." The court specifically mentioned that when questioned about the social cause behind his petition, the man could only respond that it was his "first attempt" at filing such litigation.

Serious Allegations Without Substance

The petitioner had made startling claims against two senior police officials in Jammu, accusing them of direct involvement in drug trafficking. He further alleged that these officials had poisoned him approximately 20 times over two years as retaliation for speaking out against the drug mafia.

However, the court thoroughly examined these allegations and found them completely baseless. The bench dismissed the claims as "more of a figment of his imagination" and noted the complete absence of supporting evidence. The judgment highlighted how such unsubstantiated claims not only damage reputations but also waste precious judicial time.

History of Unfounded Allegations and Mental Health Considerations

The court record revealed that this wasn't the petitioner's first encounter with the judicial system through questionable means. He had previously made what the court described as "false and disparaging allegations" against a sitting judge of the same court.

While such conduct would normally amount to criminal contempt, the bench showed remarkable leniency due to concerns about the petitioner's mental health. The court observed that the man appeared not to be "completely in his senses" and therefore decided against initiating contempt proceedings.

The petitioner, identified as a BTech graduate who had worked for a multinational company, had sought several extraordinary remedies from the court including:

  • An ammunition license
  • Army personnel protection
  • Anticipatory bail
  • Suspension of the accused police officials
  • Forensic testing of allegedly poisoned food items

Court's Final Warning and Broader Implications

Despite the serious nature of the unfounded allegations, the court chose not to impose exemplary costs on the petitioner. However, Justice Sanjeev Kumar, who authored the judgment, made it clear that the judicial system had been taken for granted and misused.

The bench emphasized that such attempts to misuse PILs must be "nipped in the bud" to protect the integrity of the judicial process. Justice Kumar stated that he took "pity on the man" but issued a stern warning that any future attempts of similar nature would be dealt with severely.

The petitioner had also claimed that his father, who worked as a junior engineer in charge of a telephone exchange, had provided crucial information to security agencies during the peak of militancy in the region. However, the court found these claims irrelevant to the current petition and insufficient to establish any valid cause of action.

This ruling serves as an important precedent for maintaining the sanctity of public interest litigation and preventing its misuse while also demonstrating the judiciary's sensitivity toward mental health considerations in appropriate cases.