The Allahabad High Court has observed that those concealing relevant case materials from the court are not entitled to any relief.
Dismissing a public interest litigation (PIL) on a land matter as misconceived, the court has imposed Rs 5 lakh costs on the petitioner for concealment of relevant materials.
The PIL was filed by Akbar Abbass Zaidi of Shamli district.
A division bench comprising Justice Manoj Kumar Gupta and Justice Kshitij Shailendra observed, “Now it is well settled that a litigant who attempts to pollute the stream of justice or who touches the pure fountain of justice with tainted hands is not entitled to any relief, interim or final.”
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“In view of the above discussion, we are fully convinced that the instant petition is a gross misuse and abuse of process of law and deserves dismissal with heavy costs so that it may set a deterrent example to discard unscrupulous persons from invoking writ jurisdiction for their vested interest under the camouflage of public interest litigation (PIL),” the court added.
The petitioner requested the court to direct the district magistrate of Shamli to remove illegal constructions and unauthorised occupation from the land covered by the private respondents.
During the course of hearing, the court found that the petitioner had concealed the relevant facts like multiple litigations going on between the petitioner and respondents regarding the property in dispute. He had been in continuing litigation with the private respondents and had not disclosed this fact before the court.
Hence, the court in its decision dated February 23 said, “It is clear that the petitioner is guilty of suppressing material facts and proceedings from this court and deserves to be dealt with as per law settled in this regard”.
