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| DB imposes Rs 10k fine on petitioner for PIL against building hospital near army establishment | | | Early Times Report
JAMMU, Feb 24: A Division Bench of Jammu & Kashmir and Ladakh High Court Comprising Justice Atul Sreedharan and Justice Rajesh Sekhri imposed a fine of Rs 10,000 on a man for filing a 'frivolous' plea objecting to the construction of a hospital near a the wall of an Army establishment in a PIL filed by Press Core Council.
A Bench of Justices Atul Sreedharan and Rajesh Sekhri found that the petitioner had not presented any evidence to demonstrate how the construction of a hospital, intended for public benefit, could pose a threat to the military establishment.
"The averments relating to terrorists and other unlawful elements make use of the hospital is far-fetched and faithful and most importantly, the institution which is the best placed to raise such an objection at all was the Army itself," the Division Bench added.
Division Bench also took a dim view of the petitioner's argument that he has raised his objections in national interest as the Ministry of Defence had failed to do so.
"The stand taken by the petitioner is absurd and downright preposterous. It is unimaginable that the interest of the petitioner with regard to the national security and the safety of the military establishment could be greater than that of the Ministry of Defence, which is directly vested with the responsibility of ensuring national security," DB said.
The public interest litigation (PIL) petition before the Court was filed by an organisation called the Press Core Council, represented by Indu Bhushan Bali.
The plea raised concerns that the Jammu and Kashmir government's construction of a hospital within 100 meters of an army boundary wall could pose a threat to national security.
DB found no merit in these arguments and dismissed the plea with costs of ?10,000 to be paid by the petitioner to the Army Welfare Fund.
"This frivolous petition has been filed in order to waste the time of the Court and its resources and, therefore, the same is dismissed at the very threshold with a cost of Rs 10,000 to be paid into the account of the Army Welfare Fund within a period of six weeks from the date of this order," DB said. —JNF |
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