Monday, April 18, 2011

HC dismisses PIL with petitioner’s caste in it

Ahmedabad: The Gujarat high court dismissed a public interest litigation (PIL) on Monday because the litigant had mentioned his caste in it and observed that imposition of one’s caste in such a litigation will not be tolerated.
While forcing the petitioner’s counsel to withdraw the PIL, the division bench headed by the chief justice observed that mentioning the petitioner’s caste in the cause-title of the petition seemed an effort to impress upon the court. Hence, such PIL must not be entertained by the court.
The petitioner, Navinbhai Mayaram Bhapadia mentioned his caste ‘Brahman’ with his name in the PIL. It wanted the court to direct district authorities to implement the five-year green revolution scheme that was sanctioned by district authorities towards watershed development in the village Bhapdi in Banaskantha district. According to Bhapadia, though the scheme was sanctioned by DDO, it was not implemented by the committee and sought inquiry into the affairs besides demanding proper implementation of the scheme.
When the PIL came up for hearing, chief justice S J Mukhopadhaya asked the lawyer why had the petitioner specifically mentioned his caste in it. The court asked whether Bhapadia’s school leaving certificate mentions his caste to which the counsel replied in the negative. The court then asked the lawyer to withdraw the petition as the judges did not want to entertain it.
Interestingly, last year, the high court dismissed a PIL questioning performance of religious rituals on the occasion of foundation stone laying ceremony. The high court turned down the petitioner’s contention that performing religious rituals were against secular image of judiciary.

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