Shimla, Dec 24,
The Himachal Pradesh High Court dismissed a Public Interest Litigation (PIL) filed by Ajai Srivastava, a retired professor, with a sharp rebuke, terming the petition frivolous and filed with an ulterior motive of seeking publicity.
“In view of the aforesaid discussions, not only there is no merit in this petition but we find the same to be mischievoushaving been filed with an oblique motive of getting publicity but at the same time, adversely affecting the rights of respondents No.4 to 7,” stated the court in a 15 page order.
The division bench comprising acting Chief Justice Tirlok Chauhan and Justice Satyen Vaidya imposed a fine of ₹50,000 on the petitioner, observing that his baseless claims caused unwarranted harm to the rights and reputation of the staff at the Observation Home, Hira Nagar, Shimla.
The PIL alleged grave human rights violations, including physical abuse and neglect of juveniles by the staff of the Observation Home. However, investigations revealed that these allegations were entirely unfounded. The bench highlighted that the petitioner acted recklessly, failing to adhere to Rule 78 of the Juvenile Justice (Care and Protection of Children) Model Rules, 2016, which mandates due diligence in matters concerning juveniles.
The court further observed that Srivastava had ignored the proceedings of an earlier complaint filed with the Juvenile Justice Board, Solan, and prematurely approached the court. The bench noted that his actions led to the termination of the superintendent and reputational damage to other staff members.
Labeling the petition as “mischievous” and driven by an oblique motive, the court not only dismissed the plea but ordered that ₹35,000 of the fine be paid to the superintendent as compensation, with the remaining ₹15,000 distributed among other affected staff. It also restored the pre-litigation status quo for the employees and left open the option for them to seek additional damages.
The bench sternly warned the petitioner against misusing PILs in the future, emphasizing that such actions not only overburden the judiciary but also harm innocent individuals, eroding the credibility of genuine public interest litigation.
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