Excelsior Correspondent
JAMMU, Aug 30: A Division Bench of Jammu & Kashmir and Ladakh High Court comprising Chief Justice N Kotiswar Singh and Justice M A Chowdhary has dismissed a Public Interest Litigation filed by National Human Rights Development Council of India seeking direction to the official respondents to take over the control of Vishwayatan Yog Ashram and ensure that the property is used for the benefit of society and the public.
After hearing both the sides, the DB observed, “it is clear that an attempt has been made to create a body of jurisprudence that accords broad enough standing to admit genuine ‘Public Interest Litigation’ but nonetheless limits standing to thwart frivolous and vexations petitions. It is unfortunate that even after such a clear legal position, a large number of such frivolous and vexatious petitions are filed from time to time”.
“We are of the opinion that this case does not fall within the ambit and scope of the Public Interest Litigation. The petitioner has not been able to demonstrate before the court that substantial public interest is involved in the present petition or that the petition is aimed at the redressal of genuine public harm or public injury”, the DB said, adding “the petitioner has filed the present petition alleging misappropriation of public funds by the private respondents with regard to Vishwayatan Yog Ashram and seeks direction upon the official respondents to take over the control of the Ashram, which we are not inclined to entertain for the simple reason that we do not see any public interest involved in the petition so as to warrant exercise of jurisdiction under the scope of Public Interest Litigation”.
“Every case of public funding, or grant-in-aid, does not make out a case of ‘public interest’”, the DB said, adding “it has not been brought to our notice that before approaching this court through this ‘Public Interest Litigation’ petitioner had not represented to the organization/ department wherefrom public funds flow to the Ashram in question”.
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