PIL seeking usage of State Funds for Religious Rituals: Bombay High Court Imposes ₹10k Costs on Petitioner [Read Order]

The bench also issued a strong warning against filing similarly frivolous petitions in the future
Bombay High Court - Public Interest Litigation - PIL - PIL State Funds - TAXSCAN

The Bombay High Court on Monday dismissed a Public Interest Litigation ( PIL ) filed by Crimeophobia, a self-proclaimed criminology firm, which sought state-sponsored funding from the exchequer for Hindu rituals in Maharashtra’s cave temples, the formation of a Transnational Sanatan Commission, and other unrelated demands, while imposing a cost of ₹10,000 on the petitioner.

The Division Bench, consisting of Chief Justice DK Upadhyaya and Justice Amit Borkar, warned the petitioner against the misuse of PILs for advancing personal agendas.

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In a strongly worded judgement, the Court labelled the petition a “sheer abuse of the process of Court” and criticised the petitioner for trying to impose personal beliefs through legal channels.

“A writ of mandamus is issued by superior Courts when a legal right is violated. However, no mandamus can be granted to enforce an individual or organisation’s personal views without any legal foundation. The Court cannot entertain prayers against UNICEF (United Nations Organization) and New Zealand under its jurisdiction as outlined in Article 226 of the Constitution of India,” the Court stated.

The PIL included various demands, such as allocating a dedicated budget for Hindu rituals at cave temples, state-funded salaries for priests, and the establishment of Gurukuls (Vedic education centres) at certain cave temples. The petitioner also requested the creation of a “Bombay Cave Temple Commission” and a “Transnational Sanatan Commission” to oversee religious properties and manage temple affairs.

Furthermore, the petition called for the formation of an “Anti-Organized Crime Unit” under the Maharashtra Control of Organized Crime Act (MCOCA) and demanded the closure of a UNICEF-supported dairy teaching institute in Aarey, alleging it was built on forest land.

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The Court noted that the petition’s demands were not only overly broad but also covered a wide range of unrelated issues. The Court also remarked that the petitioner’s claims were products of imagination, lacking any legal basis.

“The other requests, such as establishing an ‘Anti-Organized Crime Unit’ or ‘Transnational Sanatan Commission’ or ‘Maharashtra Cave Temple Commission,’ appear to stem from the petitioner’s fantasies, as no factual or legal grounds have been presented in the PIL petition,” the order said.

Additionally, the Court expressed its disbelief at the inclusion of foreign entities as respondents, over which it had no jurisdiction.

“We are at a loss for words when reviewing the list of respondents, which includes UNICEF, the United Nations Office of Drugs and Crime, the Consulate General of New Zealand, the Chief of Defence Staff, the Ministry of External Affairs, and the President of India’s Office. The claims made in the PIL petition are filled with fancies, allegedly based on some research conducted by the petitioner,” the Court observed.

The Court made it clear that the petitioner had failed to demonstrate any violation of fundamental rights or public interest warranting judicial intervention, leading to the dismissal of the plea with a cost of ₹10,000, payable to the Maharashtra State Legal Services Authority within six weeks.

“In our opinion, the petition is nothing but a sheer abuse of the process of Court, which not only deserves dismissal but also warrants a stern warning and even exemplary costs for filing such a frivolous petition, wasting valuable judicial time,” the Court concluded.

Petitioner Snehil Dhall appeared for Crimeophobia, while Additional Government Pleader Abhahy L Patki represented the State and other respondents

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