Jahanvi Agarwal
On 26th July 2024, the Supreme Court expressed concern over the abuse of Public Interest Litigation (PIL) to gain reliefs that were previously denied in other courts. The bench comprised of Justices Surya Kant and KV Viswanathan highlighted that such misuse was consuming valuable time that High Courts could otherwise use to resolve long-pending appeals.
Justice Kant noted, “The problem is that this PIL jurisdiction is being mischievously invoked in various High Courts now to settle personal scores. Somebody goes in PIL when you cannot succeed in civil courts or anywhere and gets orders. And the whole day instead of deciding criminal appeals pending or civil appeals which are pending for decades, they are issuing absurd directions in PILs.”
The Bench voiced these concerns while examining demolitions carried out in Patna Sadar, which followed a March 18 order from the Patna High Court mandating the demolition of allegedly unauthorized constructions. Despite the Supreme Court’s order on March 22 to maintain the status quo until the High Court resolved the matter, the demolitions proceeded on March 23-24. The State justified the action by referencing the earlier High Court order and submitted a compliance report.
The Supreme Court criticized this move, stating, “We strongly deprecate the conduct of the authorities and the lame excuse given before us. If the appeals had already been decided, it was incumbent upon them to move an appropriate application for vacation or modification of orders. A District Magistrate had no business to sit over an order of this court and resume the exercise despite a stay order.”
Case Name: Ajay Kumar Yadav @ Ajay Rai v. State of Bihar and Ors.
Dairy Number: 12739/2024
Bench: Justices Surya Kant and KV Viswanathan