Supreme Court of India

SANJAY MUSALEversusSTATE OF M.P. AND ORS.

Citation: 1998 INSC 366
Decided: 17 September 1998
Disposal: Dismissed
Bench: A S ANANDB N KIRPALV N KHARE

Holding

The Supreme Court dismissed the special leave petition, holding that the writ petition concealed material facts, lacked public interest, and could not be entertained as a public interest litigation.

Summary

The petitioner, Sanjay Musale, filed a writ petition in the Madhya Pradesh High Court alleging public interest, but the petition concealed material facts and appeared to be filed on behalf of another person. The High Court dismissed the petition, holding that there was no genuine public interest and that the court's process was being misused. An appeal for special leave was made to the Supreme Court, which first condoned the delay in filing. The Supreme Court affirmed the High Court's view, stating that a meddlesome litigant cannot be permitted to maintain a public interest litigation that lacks genuine public interest and conceals facts. Consequently, the special leave petition was dismissed with a cost order of Rs.5,000 against the petitioner.

Issues considered

Whether the writ petition filed as a public interest litigation concealed material facts and therefore lacked genuine public interest.
Whether the Supreme Court can entertain a special leave petition challenging the dismissal of such a petition.

Subjects

public interest litigationmisuse of PILconcealment of material factsspecial leave petitionSupreme CourtHigh Courtdismissalcosts

Judgment

A                                 SANJAY MUSALE
                                            v.
                             STATE OF M.P. AND ORS.

                                SEPTEMBER 17, 1998

B            [DR. AS. ANAND, B.N. KJRPAL AND V.N. KHARE, JJ.)

        Public Interest Litigation-Petitioner filing writ petition in High Cowt
  for another person concealing mate1ial facts-High Cowt dismissed the peti-
  tion-Held, there is no public ti1terest involved in the petition---Cowts cannot
C allow their f 0111111 to be misused in the garb of ''public interest".

         CIVIL APPELLATE .JURISDICTION: Petition for Special Leave
    to Appeal Civil No. 15971/98.

         From the Judgment and Order dated 27.3.98 of the Madhya Pradesh
D   High Court in W.P. No. 943 of 1997.

           · Shiv Sagar Tiwari for the Petitioner.

            The following Order of the Court was delivered :

E           Delay condoned.

           The writ petition filed in the High Court by the petitioner concealed
    material facts as is noticed in the impugned order. The petitioner appears
    to have filed the litigation for someone. There is no public interest involved
    in the petition. The High Court rightly found him to be a busy body and,
F   in our opinion, such a meddlesome interloper cannot be permitted to
    maintain Public Interest Litigation Petition. The courts cannot allow their
    forum to be misused in the garb of "public interest". This special leave
    petition is, therefore, dismissed with Rs.5,000 as costs.

    R.P.                                                       Petition dismissed.




                                           646

Search Indian case law

Ask in plain English, not just keywords. 25,000 AI words free, no card.

Try "public interest litigation"Sign in to search