“Becomes a fashion to translate whatever ideas come into the human mind, into a writ petition”: Delhi HC

“Becomes a fashion to translate whatever ideas come into the human mind, into a writ petition”: Delhi HC

On 18th May 2021, a Public Interest Litigation (hereinafter referred to as “PIL”), seeking the details of the foreign vaccine manufacturers who have applied for approval in India, had been moved before the Hon’ble Delhi High Court. The Hon’ble Court while dismissing the petition had observed that the “present petition is a classic example of a PIL being converted into a private inquisitiveness litigation.”

The Hon’ble division bench comprising of Hon’ble Chief Justice D.N. Patel and Hon’ble Justice Jyoti Singh further observed that the petitioner was unreasonably rushed to this Hon’ble Court using the writ petition as a tool without resorting to the other remedies which avail in seeking information from the government departments or even preferring a representation before the Competent Authority. 

The Hon’ble Court reasoned that the PIL was an innovation to protect human rights, encompassing, over a period of time, subjects such as environment protection, etc. but cannot be permitted to take a form of a publicity interest litigation. Using Article 226 of the Constitution of India as a medium to seek information from the Government Departments is impermissible in law. 

Hence, the Hon’ble Court dismissed the petition with the fine of 10,000 rupees.