'We Will Ban Him if He Files One More Improper PIL': SC on Advocate Upadhyay's Petition
Three PILs a day from BJP leader
NEW DELHI: “If your client files one more improper PIL (Public Interest Litigation) we will ban him” observed the Supreme Court while dismissing BJP leader and advocate Ashwini Upadhyay’s plea to impose an upper limit of Rs 2000 per individual per year on political donations.
The two-judge bench of Chief Justice Ranjan Gogoi and Justice S.K. Kaul came down heavily on Upadhyay asking his lawyer, “With all sense of responsibility, why should we get into it? Is it our domain? Just look at your prayers.” According to Live Law the lawyer for the petitioner senior advocate Sajan Poovayya admitted, “The prayers are not drafted well…”
The BJP leader had also prayed that the exemption under Section 13A of the Income Tax Act of 1961 be given only to those political parties that contest elections and win seats in the legislatures in accordance with the recommendations of the Election Commission.
Upadhyay was also chastised by the court for filing PILs incessantly in context of the elections. “Just because we have heard some matters of this gentleman three PILs are filed everyday and all regarding elections. Three PILs are coming tomorrow and one was mentioned today,” the bench stated.
Justice Kaul said, “We should ban certain people from filing PILs. This petition is without any meaning… If some are allowed, one cannot be filed everyday. If it does not make any sense we will not decipher it. Caution your client, one more improper petition and we will ban him.” The Chief Justice agreed, “We will ban your client.”
The BJP leader and advocate has sought minimum qualification and a maximum age limit for contest elections, along with restriction on political parties from fielding criminal candidates, and to control the misuse of religion for electoral gain.
(Courtesy Live Law)