2004 (3) TMI 740 - SC - Indian Laws

Whether the recommended person is fit for appointment, by making wide allegations which has become common these days and have resulted in delaying appointment of Judges, though large number of vacancies exist in different High Courts?

Issues Involved:
1. Abuse of Process of Law
2. Public Interest Litigation (PIL) Standards
3. Judicial Review of Judge Appointments
4. Locus Standi in PIL
5. Misuse of PIL for Personal Gain

Detailed Analysis:

1. Abuse of Process of Law:
The petition was filed under Article 32 of the Constitution of India, questioning the propriety of respondent No.3 being considered for appointment as a Judge. The petitioner later sought to withdraw the petition after the appointment was made. The Court noted that the petition was based on a representation from one Ram Sarup and lacked any personal knowledge or effort to verify the allegations. The Court found that the petition was handled in a "casual and cavalier fashion" and inferred that the petitioner was a "busybody bent upon self-publicity" with no genuine public interest involved.

2. Public Interest Litigation (PIL) Standards:
The Court emphasized that PIL should not be misused as "publicity interest litigation," "private interest litigation," or "politics interest litigation." The Court highlighted the necessity for genuine public interest and credible basis for maintaining a cause before the court. The Court cited previous judgments, including Janata Dal v. H.S. Chowdhary and Kazi Lhendup Dorji vs. CBI, to underline that PIL must be initiated by individuals acting bona fide with sufficient interest in the proceedings, and not for personal gain or political motives.

3. Judicial Review of Judge Appointments:
The Court referred to Article 217 of the Constitution, which outlines the procedure for appointing a Judge, involving the views of the collegium of the Court. The Court reiterated the limited scope of judicial review in such matters, which is confined to the consultation process with constitutional functionaries or eligibility conditions. The Court referenced the Second Judges' case and the Special Reference No.1 of 1998 to emphasize the caution against needless intrusion by busybodies in the judiciary's functioning.

4. Locus Standi in PIL:
The Court stressed the importance of locus standi, stating that only a person acting bona fide with sufficient interest in the PIL proceedings can approach the Court. The Court highlighted the need for the petitioner to come with "clean hands, clean heart, clean mind, and clean objective," as stated in previous rulings such as Ramjas Foundation vs. Union of India and K.R. Srinivas vs. R.M. Premchand. The Court found that the petitioner in this case did not meet these criteria and was not genuinely interested in the welfare of the judicial system.

5. Misuse of PIL for Personal Gain:
The Court noted the growing misuse of PIL for personal gain or to settle personal vendettas. The Court cited several judgments to underline that PIL should not be used for "publicity-oriented" or "personal vendetta" purposes. The Court emphasized that the judiciary must be vigilant to prevent its process from being abused by "unscrupulous litigants" and "masked phantoms." The Court concluded that the petition was filed with oblique motives and imposed exemplary costs on the petitioner to deter such vexatious litigations in the future.

Conclusion:
The petition was dismissed with costs of Rs. 10,000, to be deposited in the Registry of the Supreme Court within six weeks. The Court directed that if the cost is not deposited, it should be recovered by coercive means and remitted to the Supreme Court Legal Services Authority. The judgment serves as a stern warning against the misuse of PIL and emphasizes the need for genuine public interest and bona fide intentions in such litigations.

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