Apex Refusal For The Ashwini Upadhyay PIL

‘Getting more judges cannot prove to be the panacea of all evils’ says the CJI junkiing the plea of Ashwini Kumar Upadhyay to double number of judges.

In the Supreme Court, Justice Chandrachud opined that such kind of PIL petitions deserve to be dismissed since they are fake and take  up public time.

Today on Tuesday the Supreme Court refused to allow the a Public Interest Litigation (PIL) filed by Ashwini Kumar Upadhyay to be entertained.

BJP leader and Advocate Ashwini Upadhyay has been trying to seek  directions to double the number of judges in district courts and High Courts.

A Bench of Chief Justice of India (CJI) along with justice PS Narasimha took a poor view of such petitions, and the court then stated that they were trying to turn the system dysfunctional.

“Each and every evil you see around you does not merit a PIL. Your panacea has to warrant a remedy. Try getting judges to fill up the current  vacancies, by doing so you are going to realise how difficult it is,” says the CJI, DY Chandrachud.

Calling them all “populist measures” the apex court explained the difficulty in filling up current vacancies in High Courts.

Justice Chandrachud said, “It is not easy to get one hundred and sixty judges; getting 320 judges at Allahabad High Court is too difficult? Getting more judges cannot prove to be the panacea of all evils. We are not able to entertain petitions which appear to be general like this.”

While the petitioner Ashwini Upadhyay argued that the petition was not adversarial but actually is in public interest, the CJI clearly refused to entertain this submission.

Giving instance of the Parliament, the CJI said that “This is like Parliament saying in an Act is what all matters, and that will be disposed of within six months. Things don’t happen like this.”

 

 

Parijat Tripathi

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