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HC describes PIL as "motivated", imposes cost of Rs 25,000

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Press Trust of India Mumbai
Last Updated : Mar 21 2013 | 9:40 AM IST
Describing a PIL against police as "misconceived, motivated and not in public interest", the Bombay High Court has dismissed it and imposed costs of Rs 25,000 on the petitioners, Prajashathak Samajik Seva Sanstha.
The PIL alleged that Kolhapur Police was "illegally collecting funds from people by coercive methods".
Interestingly, this is the second time that fine of Rs 25,000 has been imposed on the petitioner on the same issue as it had filed a similar PIL earlier which was also dismissed.
The Maharashtra government opposed the PIL saying the petitioners had filed a similar PIL in 2010 which was dismissed by the Bombay High Court and also fined Rs 25,000 for filing "motivated" PIL.
The matter went up to the Supreme Court which also confirmed the High Court order and refused to entertain the PIL, the government informed the bench of Justices A M Khanwilkar and A P Bhangale last week.
Hearing the government's plea, the court noted that the petitioners, in the current PIL, had not disclosed that they had filed a similar PIL earlier and that costs of Rs 25,000 were imposed. Instead of disclosing material facts, they filed a PIL on the same issue again, the Judges noted.

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There is substance in the grievance of respondents that the petition does not constitute a bonafide invocation of the jurisdiction of this Court in public interest, they said.
In the earlier PIL filed on March 19, 2010, even before it could come up for admission, the petitioner issued a press note mentioning that the Court had taken serious note of the issue raised in the petition. Accordingly, diverse reports were published in media about the contents of the petition.
The Judges had then noted "false statement has been recorded in the press release that the High Court had taken a serious note of the issue. At that stage, save and except for directing that the petition would come up for hearing on April 1, 2010, there was no such order of the bench.
"The petition is therefore not a bonafide attempt at ventilating a genuine grievance in public interest".

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First Published: Mar 21 2013 | 9:40 AM IST

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