The PIL alleged that officers of the Regional Transport Office (RTO), in connivance with motor training schools, issue driving licences to individuals without verifying the authenticity of their documents.
The Bombay high court on Tuesday came down heavily on people filing frivolous public interest litigations (PIL) and observed that it was the easiest mode of garnering publicity.
A division bench of Justice DK Deshmukh and Justice ND Deshpande was hearing a PIL filed by Prashant Sane, president of the Maharashtra Navnirman Sena’s transport wing.
The PIL alleged that officers of the Regional Transport Office (RTO), in connivance with motor training schools, issue driving licences to individuals without verifying the authenticity of their documents. He urged action against such officials, but did not make motor training schools respondents to his PIL.
“It is not a free for all. This is a court of law,’’ said justice Deshmukh.
“Anybody can come and make wanton allegations without making parties and get free publicity. This is a blatant misuse of this court’s jurisdiction. We are sure this is a bogus petition and filed with an ulterior motive,’’ he said.
Casting aspersions on the petitioner’s bona fides, government pleader DA Nalavade said Sane claims to be a social worker, who is in the business of auto rickshaws and acts as a commission agent. Nalavade pointed out that there are various criminal cases lodged against Sane.
The petitioner’s lawyer, A Mirza, however, defended his client. Mirza said Sane has been “discharged in the 1992-93 riots case”. But Nalavade said he also has a case registered against him under Section 376 (rape) of the Indian Penal Code. “This social worker is anti-social. Is this part of your social work?” asked justice Deshmukh. “We propose to make an example out of him (Sane) so that no one will dare to file such PILs,’’ the court observed.
Mirza, however, continued to argue. The court took him to task as well. “We are giving you a long rope. Don’t hang yourself with that,’’ said Justice Deshmukh.
Mirza alleged that the electricity bills of different people were submitted to acquire driving licences.
He cited the case of a person attaching the electricity bill of a Kandivli hospital to secure a commercial vehicle licence.
“This amounts to illegality, not fraud. At the most you can say RTO officers are not careful. There are illegalities in every department of the government and we are not sitting here to correct them,” justice Deshmukh retorted. The court wondered why Sane didn’t file an FIR after learning that the documents were forged.
“Are you not a public-spirited person? If forgery is an offence, why haven’t you lodged an FIR? We cannot direct prosecution without a FIR,’’ said Justice Deshmukh. The court has instructed Nalavade to file an affidavit stating Sane’s bona fide and adjourned the matter to February 21.
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