HC pulls up petitioner for not Disclosing key facts in pil
JODHPUR, March 17 -- While hearing a public interest litigation (PIL) regarding weighbridges and royalty collection checkpoints established near a National Highway, the Rajasthan high court on Monday raised serious questions regarding the petitioner's intentions.
The court observed that the petitioner failed to disclose in the petition that his family was involved in the mining business. The court asked the petitioner why appropriate proceedings should not be initiated for misuse of the process of the court by invoking the extraordinary jurisdiction of PIL for personal reasons, and why exemplary costs of Rs.25 lakh should not be imposed on him to be deposited in the legal aid cell of the court, a lawyer familiar with the case said on Monday.
A division bench comprising justice Arun Monga and justice Sunil Beniwal further noted that, prima facie, the record suggests that the petitioner, Himmat Singh Gehlot and his family have connections with mining and weighbridge operations, implying that he may have a direct commercial interest in the matter. Under such circumstances, approaching the court through a PIL cannot be considered appropriate.
The court said essential facts were not disclosed in the case, thereby casting doubt on the bona fides of the petition.
However, the court clarified that issues relating to illegal or hazardous constructions around national highways, as well as road safety, are matters of public importance. Therefore, the matter will continue as a suo motu proceeding.
The next hearing in the matter is scheduled for April 6....
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