The Orissa High Court has taken a strong stance against what it termed as manipulation of judicial process by dismissing a Public Interest Litigation (PIL) alleging large-scale corruption in the mechanical division at Hirakud. The court imposed a significant fine of Rs 2 lakh on the petitioner, highlighting its zero-tolerance approach towards misuse of PIL mechanisms.
Court's Stern Rebuke Against PIL Misuse
A bench comprising Chief Justice Harish Tandon and Justice M S Raman delivered the decisive order on November 17, which was subsequently uploaded on November 20. The court described the case as a "classic example of misuse and abuse of the avenue of the PIL" and noted that the petitioner had not only suppressed material facts but also adopted circuitous routes to achieve goals that had been denied earlier.
The PIL, filed by Pabitra Parida, proprietor of a private company, sought a financial audit into alleged misappropriation of funds by an engineer in the Hirakud mechanical division. Parida claimed he was acting on "credible information" provided by the owner of a steel and fabrication unit who had accused the engineer of massive corruption.
Previous Complaints and Investigations Uncovered
During the hearing, additional government advocate Debashis Tripathy presented crucial records revealing that the proprietor of the fabrication unit had previously filed an identical complaint before competent authorities and later before the Lokayukta. The court noted that an enquiry committee had already investigated these allegations and concluded that they were "concocted and manufactured to settle personal scores."
Despite this adverse finding by the competent authority, the proprietor approached the Lokayukta, which ordered a fresh enquiry. However, the concerned engineer challenged this direction in the high court and secured an interim stay on February 12, 2024, which remains in force to date.
Substantial Fine for Judicial Process Manipulation
The High Court firmly held that the petitioner was neither a public-spirited individual nor pursuing a genuine public cause. In its ruling, the court directed that the Rs 2 lakh fine must be deposited with the Odisha State Legal Services Authority (OSLSA) within three weeks from the date of the order.
The court specified that the collected amount would be utilized "for providing better facilities and amenities in different juvenile homes, run by the government and/or non-governmental organizations (NGOs)." This directive ensures that the penalty serves a constructive social purpose despite the dismissed petition's questionable motives.
The judgment serves as a significant precedent in curbing the misuse of PIL jurisdiction and reinforces the judiciary's commitment to preserving the sanctity of legal processes meant for genuine public interest matters.
