The Bombay High Court imposed a cost of Rs 10,000 on the petitioner and dismissed a Public Interest Litigation (PIL) filed seeking directions for establishing an Anti-Organized Crime Unit within the framework of Maharashtra Control of Organized Crime Act (MCOCA) and United Nations Transnational Organized Crime (UNTOC).
The PIL petition has been filed by a self-styled criminology firm through its founder who is allegedly a criminologist. In the opening paragraph of the synopsis presented in this petition, the petitioner states that the petition should be considered as an expert opinion in terms of Section 45 of the Evidence Act.
The Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Amit Borkar held that the petition, filed ostensibly in public interest, is an example of how sometimes, on account of multiple and omnibus prayers made without any factual or legal basis, judicial time is consumed in hearing frivolous matters which can otherwise be utilized in disposing of genuine matters which require more attention of the court.’
On perusal of the afore-quoted prayer clause of the PIL petition reveals that the prayers made are multiple in number and on different and diverse subjects which range from issuing a direction to the respondents for constituting Anti-Organized Crime Unit to cancel/revoke all leases and allotment of properties within the Aarey Milk Colony, to issue a direction to shut UNICEF Aided Dairy Teaching Institute replacing it with Anti-Organized Crime Unit or Office of UNTOC to tackle these crimes in accordance with the requirements of 20th century.
The petitioner also prayed that a direction be issued to UNICEF and New Zealand to provide reports for use of 100% buffalo dried milk imported from New Zealand. The petitioner also seeks a prayer for issuing a direction for establishing 4000 acres Cow Farms in Arey Colony and other locations in the State of Maharashtra. The petitioner thereafter makes a prayer on another subject relating to the constitution of ‘Bombay Cave Temple Commission’ under the Military for administering cave temples and colonies and also for initiating ‘Cave Temple Commission’.
The prayers made in the PIL petition are not confined only to certain alleged issues relating to Arey Milk Colony but the petitioner also prays that a direction be issued for constitution of ‘Transnational Sanatan Commission’ for various purposes. Petition also demands from the Court to issue directions to pay the petitioner cost of the petition and also the payment of expenses incurred by the petitioner for research and development for procurement of alleged ancient historical books from foreign libraries which, according to the petitioner, were destroyed in the Asiatic Society.
The petitioner also prayed that a Special Investigating Team (SIT) be constituted to address the ongoing crimes as the relevant information is not available with the petitioner and to lodge FIR against those found erring. Another prayer made in the PIL petition is for issuing a direction restraining and revoking all powers of the security department of Arey Colony/Factory and to handover the security of the region to the Central Reserve Police Force. It has also been prayed that a direction be issued to allow all religious celebrations including Ganesh Utsav Pandal and Idol immersion in Arey Colony and its lakes.
The petitioner goes on to make a prayer for issuing a direction to the State of Maharashtra to allot a dedicated budget for regular Pujas, Aarti and other Hindu Rituals for all temples in which the State should also pay salaries of Pandits (Priests) and other staff required for the Temples. The PIL petition also contains a prayer for issuing a direction to initiate a ‘Psychological Warfare Unit’ to address organized crime stemming from the manipulation of terminologies based on criminal psychological profiles.
From a perusal of the prayer clause of the PIL petition,the Court found that the prayers made are not only omnibus in nature but also are multiple in number, covering diverse subjects. Even the nature of the prayers made suggests that by filing this PIL petition, the petitioner aspires for imposition of his own ideas or results of his own alleged study, on the State through the process of the Court. It is not only that in the instant PIL petition multiple causes of action have been asserted but also that the petition clearly suffers from the legal vice of mis-joinder of causes of action.
The Bench opined that the subjects in relation to which the prayers have been made pertain to policy of the State, both administrative and legislative, which is the sole preserve of the State. Even otherwise, the prayers made are a product of the petitioner’s figment of imagination and what the petitioner thinks proper, which do not have any legal basis.
The superior Courts, in our constitutional framework, are the protector of the fundamental rights and other legal rights, constitutional, statutory or otherwise. A writ of mandamus is issued by the superior Courts where infringement of any legal right is established. No mandamus can be issued merely for enforcing a particular thought of an individual or an organization, if it is not supported by any legal premise. Prayers made in the PIL petition against the UNICEF (United Nations Organization) and New Zealand, cannot be entertained by the Court in exercise of its jurisdiction under Article 226 of the Constitution of India. The other prayers relating to establishment of ‘Anti-Organized Crime Unit’ or SIT or for establishing ‘Transnational Sanatan Commission’ or ‘Maharashtra Cave Temple Commission’ appear to be an outcome of fancies of the petitioner for the reason that no factual or legal basis, whatsoever, has been laid in the PIL petition, observed by the High Court.
“We find ourselves at loss of words if we peruse the array of respondents where even the UNICEF, United Nations Office of Drugs and Crime, Consulate General of New Zealand, Chief of Defence Staff, Ministry of External Affairs and President of India’s Office have been arrayed as respondents. Even the averments made in the PIL petition are full of fancies which according to the petitioner, are based on some research said to have been conducted by him. The petitioner has even made a prayer for issuing a direction to grant the petitioner not only the cost of the PIL petition/application but also to pay him the expenses allegedly incurred in research and development and for procurement of ancient historic books from foreign libraries which are allegedly destroyed in the Asiatic Society.”
Having devoted considerable time in hearing such pleas, the Court find it extremely difficult to comprehend and understand the very purpose of instituting these proceedings as a PIL petition. The Court opined that the petition is nothing but a sheer abuse of process of Court which not only deserves to be dismissed but also calls upon us to issue stern warning and even impose exemplary cost on the petitioner for having filed absolutely frivolous petition resulting in wastage of precious judicial time.
“We caution the petitioner not to file any such plea without appropriately studying and acquainting himself with the legal frame-work in which petitions, specially PIL petitions, can be filed in the Court.
Though, as observed above, having regard to the manner in which this PIL petition has been filed, the petition warrants imposition of exemplary cost on the petitioner, however, since we have issued a word of caution to the petitioner to be very careful, we quantify the cost to be Rs 10,000/- (Rupees Ten Thousand Only) to be deposited by the petitioner within six weeks from today with the Prothonotary and Senior Master of the Court which shall be tendered in the accounts of Maharashtra State Legal Services Authority, failing which the cost shall be realized as arrears of land revenue,” the order reads.