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Supreme Court Grills Prashant Bhushan: Can Anyone Walk Into Your Office And File A PIL

Can Anyone Walk Into Your Office And File A PIL: Supreme Court Grills Prashant Bhushan
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Joe Athialy/Flickr

NEW DELHI -- During a hearing on Tuesday, the Supreme Court grilled senior advocate Prashant Bhushan on the credentials of his NGO, Centre for Public Interest Litigation, and whether it could be used as a front by someone with "a vested interest or a corporate rival."

CPIL, founded by former Supreme Court judge V.M. Tarkunde in the late 1980s, is run by a committee comprising of Bhushan, his father, Shanti Bhushan, Fali S Nariman, Rajinder Sachar and Anil Divan. Advocate Kamini Jaiswal is authorised to file petitions on behalf of the NGO.

"Prashant Bhushan, you have an image of a crusader. But can you become the centre for public interest litigation? Can the system be taken for a ride in such a manner? We cannot allow this. We must be satisfied that you have a committee which scrutinizes the complaints and allows only genuine ones to be converted into public interest litigations," the apex court said.

A three-judge bench of Chief Justice T.S. Thakur, Justice A.K. Sikri and Justice R. Banumathi raised questions about CPIL while hearing a petition challenging the 4G spectrum auction to Reliance Industries Ltd's Jio.

"Has this matter been examined by the committee? We must have the confidence that when CPIL files a petition, it is not prompted by someone who has a vested interest even though the cause may appear genuine. If a corporate rival gives documents for filing of a PIL, will you do it? Why would that corporate source not come out in the open and pursue the litigation in its own name? Why should CPIL be a front for settling corporate rivalry or personal vendetta? CPIL should not become proxy litigant. It should not become an instrument in the hands of commercial players."

Bar and Bench, a website which carries legal news, reported on the exchange between Thakur and Bhushan.

Why should we hear PILs filed by CPIL? You are a professional litigant. Can you become a “centre” for PIL? Can anyone walk into your office and tell you ‘I want to file a PIL'?

There is a committee which comprises Fali Nariman, Anil Divan, Kamini Jaiswal, my father and myself and all petitions are scrutinised by us."

Do we have that initial confidence that a litigation is not at the instance of a party trying to settle scores with some other party? Does the petition filed by CPIL go through such a process? We would like to go into the question whether petitions filed by CPIL go through such a process and it is a serious PIL.

When you come to us, we take you seriously. But when a commercial competitor comes to us, we might not. This competitor knows this and might send a proxy to you with documents and information which you otherwise don’t have access to. You have to establish a credible mechanism to justify that a particular case is fit to he agitated.

Whenever a commercially interested person comes to us, we look at the information given by him with great suspicion. It is only after the Committee scrutinises the information and is satisfied that aside from the commercial of interest of the informant, there is public interest involved that we decide whether to file a case or not.

So is it just Kamini Jaiswal and you sitting in your chambers and deciding. Our impression is that you have no mechanism to verify the credibility of your information.

So are Your Lordships suggesting that we should have a research wing?

You should have an investigative wing. It will help you and us.

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India's 10 Deadliest Snakes
Russell's Viper(01 of10)
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This snake also called Daboia, is named after Patrick Russell, a Scottish herpetologist who possibly was the first to distinguish and describe Indian snakes. Commonly found in Punjab and Bengal, this aggressive snake has earned a reputation for being one of the deadliest snakes. While several venomous snakes will deliver dry bites, Russell's viper always attempts to deliver a maximum venom dosage. (credit:utahmatz/Flickr)
Indian Krait(02 of10)
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Part of the 'Big Four' (the four venomous snakes in India responsible for delivering the most snake bites), the Indian or blue krait is a largely nocturnal snake by nature. It is often found in water sources, and delivers a bite that can be mistaken for something less fatal. (credit:Wild Clicks/ YouTube)
Saw-Scaled Viper(03 of10)
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A (smallish) snake, the saw-scaled viper is found in the rocky regions of Maharastra, Rajasthan, Uttar Pradesh, and Punjab. It is largely nocturnal by nature, and extremely aggressive if aggravated. It has rough-looking scales with lightly coloured rounded patches on top, and undulating lines that extend from its head to its posterior. (credit:Frupus/Flickr)
Spectacled Cobra(04 of10)
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Also known as Naja naja, this cobra should not be mistaken for the King cobra. It comes under the Indian Wildlife Protection Act. A heavy-bodied snake, it can be easily identified by its hood that features a significant marking at the top of its hood. Cobras are mostly shy by nature, but can deliver a fearsome bite -- their venom contains neurotoxins that can lead to respiratory paralysis and cardiac failure. (credit:Rahul Alvares/Flickr)
King Cobra(05 of10)
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Equally revered and feared, the King Cobra is possibly the worlds longest venomous snake. This snake is unique from other cobras in a number of ways: it feeds on other snakes, has a narrower hood, and features different markings on its head. When aggravated, this snake can raise one-thirds of its body, however by large is of a placid nature. It is also the only snake in the world that builds a nest for its young. (credit:viperskin/Flickr)
Hump-Nosed Pit Viper(06 of10)
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Often found in dense jungles and coffee plantations (especially Kerala), this type of viper features smooth scales and a wide triangular head that is distinctly broader than the neck. It's name is given on account of its snout that is wide and slightly upturned. Largely nocturnal by nature, this snake's bites can systemic toxicity and fatalities. (credit:Dr. Caesar Photography/Flickr)
Malabar Pit Viper(07 of10)
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This type of viper features a prehensile tail that can grasp or hold objects, and is commonly found in Southern and Western India. Mostly found during the monsoon season, these nocturnal snakes are capable of fast strikes. (credit:balharsh/Flickr)
Bamboo Pit Viper(08 of10)
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This brilliantly-hued nocturnal snake features folded fangs (so the snake won't bite itself). Bites from this snake result in acute pain and swelling, and it is often hunted for its attractive skin colour and venomous nature. (credit:Dr. Caesar Photography/Flickr)
Yellow-Lipped Sea Krait(09 of10)
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A venomous sea snake found in Indo-Pacific waters, the yellow-lipped sea krait regularly take to land to drink fresh water. This snake's tail is often mistaken for its head by oncoming prey, which it uses to its advantage. A beautiful and shy animal, this slim snake is extremely venomonous, and can be confused with eels. (credit:wildsingapore/Flickr)
Indian Rock Python(10 of10)
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Called Ajgar in Hindi, this type of python can grow up to almost 10 feet in length on an average. These snakes, in spite of their giant sizes are timid by nature, and quite at home in the water. Often hunted because of its size, and tough but beautiful skin, the python (like most other pythons) is non-venomous, and kills its prey by crushing it with its coils. (credit:Pandiyan/Flickr)
-- This article exists as part of the online archive for HuffPost India, which closed in 2020. Some features are no longer enabled. If you have questions or concerns about this article, please contact indiasupport@huffpost.com.