Shivani Pandey –
Published on August 03, 2021, at 05:13 PM
The Supreme Court on Tuesday set aside an order of the Bombay High Court, asking a PIL petitioner to deposit 1% of the treatment plan project, before hearing the Case. In Re Arvind Tukaram Shinde v. State of Maharashtra and Ors.
“We understand that the impugned order of the High Court was intended to subserve the interest of ensuring that a public project should not be stalled by the filing of frivolous PILs. However, it is equally necessary to ensure that a balance is struck to preclude the possibility of denial of access to Justice,” Bench of Justice DY Chandrachud and MR Shah stated.
The Bombay High Court had ordered the Petitioner, Arvind Tukaram Shinde, to deposit 1% of the project cost by July 5, 2021.
Challenging the same the Petitioner moved to the Apex Court stating that the order would place intolerable pressure on him.
The challenged order was passed in exercise of powers under Rule 7A of the Bombay High Court PIL Rules 2010 and it was stated that If the Court finds that petition is vexatious, motivated or not pro-bono-public, then the amount so deposited shall be forfeited.
The Apex Court made absolute its order dated July 19, directing the Petitioner to deposit a sum of Rs. 10 lakh before the High Court Registry.
As the Petitioner informed the Court that the said sum has already been deposited, the Bench set aside the impugned order dated June 30 and stated that the PIL can be heard on the basis of a 10 lakh deposit.
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