The Jammu and Kashmir (J&K) High Court on Tuesday dismissed a Public Interest Litigation (PIL) of J&K former Chief Minister and People Democratic Party (PDP) president Mehbooba Mufti on shifting Kashmiri prisoners from outside jails to the Union Territory, saying it appeared as “driven by political considerations rather than genuine public interest”.
“The petition was lacking material documents and grounded in ambiguity and rested on incomplete, vague and unsubstantiated assertions. The extraordinary jurisdiction of PIL could not be invoked based on generalised claims without naming affected persons, challenging specific orders or placing verifiable material on record,” a Division Bench, comprising Chief Justice Arun Palli and Justice Rajnesh Oswal, observed.
The High Court also underscored that a PIL was meant to advance the cause of marginalised and vulnerable sections who are unable to approach courts themselves and “not as a vehicle for political mobilisation or publicity”.
“PIL cannot be allowed to be utilised as an instrument for advancing partisan or political agendas or transforming the court into a political platform. Courts cannot serve as forums for electoral campaigns or political leverage,” the Bench held.
