The Gujarat High Court has dismissed a Public Interest Litigation (PIL) seeking disclosure of an alleged archaeological survey report and other scientific records relating to the Somnath Temple site, holding that the petition was wholly misconceived and founded on incorrect, misleading and distorted facts.
The Division Bench of Chief Justice Sunita Agarwal and Justice DN Ray observed on June 25 that the petition lacked any authentic documentary material and relied almost entirely on newspaper reports and social media posts. The Court held that such unverified material could not form the basis of proceedings under its writ jurisdiction and warned that entertaining such petitions would undermine the sanctity of public interest litigation jurisprudence developed by the Supreme Court.
The petitioner had sought directions to the Union Government, the Archaeological Survey of India (ASI) and other authorities to place in the public domain an alleged 32-page scientific archaeological survey report, ground penetrating radar (GPR) survey records, findings, maps, structural analysis, photographs, videography and other related documents purportedly prepared by the Indian Institute of Technology (IIT), Gandhinagar, related to the Somnath Temple site. The plea also sought preservation of archaeological records, scientific material, structural findings and historical data to ensure their availability for academic and historical research.
The High Court found several defects in the PIL. It noted that the petition incorrectly claimed that the Shree Somnath Trust had been constituted under the Shree Somnath Trust Act, 1955, whereas the state government informed the Court that no such legislation existed till date.
The Bench also observed that the petitioner failed to disclose his occupation or source of livelihood, did not produce any material establishing his association with the non-governmental organisation named in the petition, and had not shown any authority to represent that organisation before the Court.
The Court further observed that the petitioner’s own pleadings revealed that the factual assertions were based solely on media reports and social media content instead of verified records, authentic documents or independent research. It held that none of the statements in the petition could be treated as facts within the petitioner’s personal knowledge or supported by any credible material.
The Bench also found that the affidavit accompanying the PIL was defective because it did not properly disclose the source of the petitioner’s information and failed to satisfy the legal requirements governing verification of pleadings.
Holding that the petitioner had misused the PIL jurisdiction, the Court observed that the litigation had been instituted on incorrect, incomplete and misleading facts, apparently with ulterior motives or to gain undue publicity. It held that permitting such petitions would erode the credibility of the public interest litigation mechanism.
Describing the petition as an abuse of the judicial process, the High Court dismissed it with exemplary costs of Rs two lakh. The petitioner was directed to deposit the amount with the Registrar General of the High Court within three weeks. The Court further ordered that if the amount is not deposited within the stipulated period, it shall be recovered as arrears of land revenue.
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