Excelsior Correspondent
JAMMU, Sept 20: Division Bench of High Court comprising Chief Justice Pankaj Mithal and Justice Rajnesh Oswal has dismissed Public Interest Litigation seeking reopening of Jammu and Kashmir Human Rights Commission, Jammu and Kashmir Women Commission and Jammu and Kashmir Accountability Commission with costs of Rs 10,000.
The PIL was filed by Nikhil Padha, human rights activist and law student mentioning that these Commissions should be opened to dispose of the pending cases.
After hearing petitioner in person whereas Advocate General DC Raina for the UT, the DB observed, “how a student who has passed law recently can be recognized as an ardent human rights activist as proclaimed by the petitioner”, adding “the petitioner has not disclosed any of his activity which may indicate that he is actually involved in the protection of human rights of the citizens or that he is an acclaimed human rights activist despite his tender age”.
“The petitioner is not a bonafide person but is a proxy person setup by someone to initiate this litigation in public interest. The averments made in the petition reveal that the petitioner is not really interested in the establishment of these Commissions but to attack the Government over the deletion of the special status granted to the J&K”, the DB said, adding “he has targeted the Government by alleging cases of army brutality being on the rise in the Union Territory, applicability of draconian laws, hike of the unknown gunman culture in the Union Territory ever since the abrogation of Article 370, making of the Kashmir region into a complete war zone and of significant youth unrest in the Union Territory after the scrapping of Article 370”.
“Public Interest Litigation is not a pill for every ill and it should not be entertained if the bona fides of the persons are in doubt. Moreover, a PIL should not be allowed to be filed to abuse the process of law”, the DB further said.
The DB dismissed the PIL with a token cost of Rs 10,000 as the petitioner is a law graduate who has passed out recently. The costs shall be deposited with the Registrar Judicial of the High Court and be utilized for the benefit of the litigants.
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