The Supreme Court had come down heavily on a social worker who had moved to supreme court seeking a PIL seeking ban on soft drinks like Coca cola, Thumbs Up etc. (UmedSinh P. Chavda Vs Union Of India & Ors.)
A Bench of three judges gave this decision namely Justices DY Chandrachud, Hemant Gupta and Ajay Rastogi who imposed a cost of Rs. 5 Lakh on a social worker who had moved to Supreme Court invoking court’s jurisdiction under Article 32.
On pursuing assertions that were made by the Petitioner in his affidavit, Supreme court came to know that petitioner is not having any technical knowledge on the issue.
While his affidavit claimed that the information and details put over there is true to the best of their knowledge, the court noted that these claims, including those on the health effects of soft drinks were Unsubstantiated.
The arguments were advanced by the counsel, Adv. SP Singh for the Petitioner. Counsel also does not have any justification to the assertion made by the petition, the court said.
The court further states that the invocation of jurisdiction under Article 32 of the Constitution was critical of the Petitioner who has filed the plea.
The court said that “The Petition has been filed for extraneous reasons. The invocation of Article 32 of the constitution is an abuse of the process.”
The court concluded by saying that petitioner’s invocation of Article 32 in this matter was not bona fide recourse to the jurisdiction in a Public Interest Litigation. Therefore, the court felt the need to impose cost on the Petitioner.
The court accordingly dismissed the petition imposing the cost of Rs. 5 Lakh on the Petitioners.
The court further states that the penalty that is imposed has to be deposited within one month into the Supreme court’s registry. The court added by saying that the money deposited by the petitioner shall be disbursed to the Supreme Court Advocates on Record Association (SCAORA).