PIL becomes handy tool for Opposition

Hyderabad: In a recent ruling dismissing a Public Interest Litigation (PIL) case seeking a probe into the 2014 death of Judge Brijgopal Harkishan Loya,the Supreme Court pointed out that PIL has become an “industry of vested interests” rather than a powerful tool to espouse the cause of the marginalised and oppressed.

PIL, introduced by the Supreme Court in India post the Emergency of 1975-77, allows an individual or group of individuals to approach the apex Court and High Courts seeking legal remedies in all cases where the interests of the general public or a section of the public are at stake, seems to have become a handy tool for political parties to expose alleged irregularities committed by other parties, and also occasionally to embarrass them.

The ruling Telugu Desam in Andhra Pradesh has been facing scores of PIL cases in the Hyderabad High Court, filed by Congress and YSR Congress. Similarly in Telangana, the ruling Telangana Rashtra Samithi has been facing PIL cases filed by the Congress, BJP and TD regarding political appointments, irrigation projects, land allotments and acquisitions, and also MLAs joining the ruling party without resigning from the party which helped them get elected.

Senior lawyer Sarasani Satyam Reddy says though the Supreme Court and High Courts have occasionally made adverse remarks on PIL by political leaders, there is no order which bars a leader or party from filing a PIL case. He adds that the Supreme Court has also made it clear that a PIL cannot be thrown out merely because the petitioner has a certain political affiliation, and the court has to decide whether the issue raised by the petitioner is of public interest. 

However, armed with that ruling, many opposition leaders are moving PIL cases questioning the ruling party, he says.

Gutha Sukhender Reddy, elected as an MP on a Congress ticket, filed a PIL in 2015 along with then TD leader A. Revanth Reddy, challenging the appointments of D. Vinay Bhaskar, Jalagam Venkat Rao, V. Srinivas Goud, G. Kishore Kumar, V. Satish Kumar and Kova Laxmi as Parliamentary secretaries, so that the state government ultimately withdrew the appointments in view of a stay order from the High Court.

Later, Sukhender Reddy also moved a PIL in 2015 questioning the Telangana government’s conferring of a Cabinet rank to advisors and special representatives to the government and also to chairmen of various government corporations, which case is currently pending before the High Court. After joining TRS, Sukhender Reddy requested the court to allow him to withdraw the PIL, but the court refused and the matter is still up for hearing.

Ironically, in January 2017, Revanth Reddy moved a PIL questioning the conferring of Cabinet status once Sukhender Reddy joined TRS. Now, Sukhender Reddy has to face a PIL seeking his disqualification from membership of the Lok Sabha owing to his holding an office of profit and also for his act of defection as an activist of Bharatiya Janata Party Kisan Sangh.

Senior BJP leader N. Indrasena Reddy also moved a PIL against the Cabinet ranks issue, while former BJP leader Nagam Janardhan Reddy (who is now in the Congress) moved two PILs against the Palamuru-Ranga Reddy Lift Irrigation Scheme, which the Hyderabad High Court dismissed on March 29, 2016.

As far as Andhra Pradesh is concerned, YSR Congress MLA Alla Ramakrishna Reddy has moved more than 12 PILs since 2015 against the government, questioning the various land acquisition notifications issued by the CRDA including the CRDA Act, and also withdrawal of cases against ruling party leaders and the Sadavarthi Ashram land auction.All the cases are pending before the High Court, except the ashram lands case, which was disposed of.

A single judge in September 2016 granted the interim order in a petition by Revanth Reddy, questioning the bulletin issued on March 10, 2016 by the Telangana State Legislature Secretariat merging Telangana Telugu Desam Legislature Party with TRS Legislature Party in the Telangana Assembly.

PILs moved separately by Y. Visweswar Reddy, B. Rajendranath Reddy, D. Tippa Reddy, Chevireddy Bhaskar Reddy, and A. Ramakrishna Reddy,all YSRCP MLAs seeking the disqualification of 22 MLAs including four ministers in AP cabinet for their act of defection,have been pending since 2016.A PIL by Congress MLA Sampath Kumar seeking disqualification of Kale Yadaiah, D.S. Redya Naik, G. Vittal Reddy and K. Kanakaiah is also pending before the court.