A bench of Chief Justice U U Lalit and Justices S Ravindra Bhat and Sudhanshu Dhulia said that there is nothing wrong in allowing probe against people who occupy high offices but taking cognisance of the matter on generalised submissions which do not even make prima facie satisfaction of the court, “is nothing but an abuse of the process of the court”.
The bench said that there was no evidence and proof attached to the PIL and despite that the HC entertained the petition and said it was maintainable. The court said the locus of the petitioner who initiates a PIL is therefore of extreme importance as this important form of litigation should not be abused by motivated individuals to abuse the process of the court for their political purposes or for any other reason.
“Furthermore, the allegations which were made by the petitioner are vague, very much generalised and not at all substantiated by anything worthy to be called an evidence. Allegations of corruption and siphoning of money from shell companies are nothing but bald allegation, without substantiating the allegations in any manner whatsoever and is therefore only asking the court to direct CBI or the Directorate of Enforcement to investigate the matter. This is nothing but an abuse of the process of the court,” Justice Pardiwala, who penned the verdict for the bench, said.