HC imposes Rs 1.5 lakh on petitioner for frivolous PIL against Covid restrictions

Unless busybody like the petitioners herein are punished for their senseless activity, approaching the Court with frivolous petitions, this Court fears that the sacrifice of the selfless people will go in vain, they observed.The judges recalled the Supreme Court had earlier condemned the practice of filing a PIL for cheap popularity.Under the guise of PIL, these Habeas Corpus Petitions have been filed.

The Madras High Court has lashed out at 'frivolous' petitions seeking to declare the Covid-19 related restrictions as unconstitutional and slapped a cost of Rs 1.5 lakh on the petitioner who filed Habeas Corpus petitions.

The court expressed fears that unless such ''busybody'' petitoners are punished, the sacrifice of selfless Covid warriors will go in vain.

In his petitions, M Thavamani also sought Rs five lakh monetary compensation, claiming it crippled his income. The respondents were Union Home Secretary and Tamil Nadu Chief Secretary.

In their recent order, Justices S Vaidyanathan and G Jayachandran pointed out that Registry had earlier 'rightly' found these petitions were not maintainable and returned it thrice.

However, the petitioner-in-person not being convinced, quoting all the judgments of the courts pertaining to Habeas Corpus Petition, had insisted for hearing, the court said.

''When this Court posed a question whether he is conversant with the Disaster Management Act, 2005, its scope and ambit, the petitioner-in-person answered in affirmative. This Court, after being satisfied that, he is a busybody (who had) come to this Court only for the sake of publicity warned him that he cannot waste the Court time by filing such frivolous petitions,'' the judges said.

Despite that, repeatedly he made the same submission, which is opposed to common sense. Mocking the sincere efforts taken by the State to curb Covid spread, he was condemning the preventive measures taken by the State Government and Central Government to curtail the spread of the pandemic, the court added.

''This Court firmly believes that the attitude of persons like the petitioner herein is detrimental to the selfless service rendered by the Doctors, health workers and other Covid warriors, who have lost their lives while treating Covid patients. Unless busybody like the petitioners herein are punished for their senseless activity, approaching the Court with frivolous petitions, this Court fears that the sacrifice of the selfless people will go in vain,'' they observed.

The judges recalled the Supreme Court had earlier condemned the practice of filing a PIL for cheap popularity.

''Under the guise of PIL, these Habeas Corpus Petitions have been filed. Hence, both these Habeas Corpus Petitions are dismissed as not maintainable. Further, cost of Rs 1,50,000 imposed on the petitioner-in-person to be paid within fifteen days from today, to the credit of Covid-19 Ward at Government Rajaji Medical College Hospital, Madurai. If the petitioner fails to pay the cost within the given time, the District Collector of Madurai is authorised to recover the same under the Revenue Recovery Act, 1890,'' the court ruled.

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