Kushum Lata vs Union of India Supreme Court Case
Kushum Lata vs Union of India Supreme Court Case Summary of Leading Case -
On 12th July, 2006, a two Judge Bench in Kushum Lata vs Union of India and Ors. [Civil Appeal No. 6527 of 2004] stressed on the requirement of weeding out petitions, which though titled as public interest litigations are in essence something else. Observing that “Public Interest Litigation” should not be “publicity interest litigation” or “private interest litigation” or “politics interest litigation” or the latest trend “paise income litigation”, the Bench held that “a person acting bona fide and having sufficient interest in the proceeding of public interest litigation will alone have a locus standi and can approach the Court to wipe out violation of fundamental rights and genuine infraction of statutory provisions, but not for personal gain or private profit or political motive or any oblique consideration.”
“Public interest litigation is a weapon which has to be used with great care and circumspection and the judiciary has to be extremely careful to see that behind the beautiful veil of public interest an ugly private malice, vested interest and/or publicity seeking is not lurking”, said the Bench. It held that the “Court cannot afford to be liberal” and “has to be extremely careful to see that under the guise of redressing a public grievance, it does not encroach upon the sphere reserved by the Constitution to the Executive and the Legislature.” It further held that the petitions of “busy bodies deserve to be thrown out by rejection at the threshold, and in appropriate cases with exemplary costs”.