The Bombay High Court has recently directed a BJP MLA Ashish Shelar to pay a security deposit of Rs 5 Lakh within 7 days, after the Brihanmumbai Municipal Corporation (BMC) has raised objections to a Public Interest Litigation filed by him, in the last year.
Reportedly, Shelar has filed a PIL seeking to streamline medicines, disinfectants, and sanitizers for Covid-19 to prevent profiteering by few. The PIL had claimed that the BMC has failed to evolve a proper framework to procure medicines and disinfectants through the tendering process in conformity with applicable norms for the civic hospitals.
Therefore, the PIL had said that hospital-acquired infection should be checked and disinfectant procurement by public hospitals should be of the highest standards to ensure the safety of common people, particularly the economically disadvantaged sections of society.
However, responding to Shelar’s PIL, the civic body has on Wednesday informed the High Court that the said PIL was not maintainable as Shelar’s personal interests were affected due to an order of the corporation.
Subsequently, the division bench of High Court comprising of Chief Justice Dipankar Dutta and Justice G S Kulkarni said “Having heard learned counsel for the parties, we exercise power conferred by Rule 7A of the Bombay High Court Public Interest Litigation Rules, 2010 and direct the petitioner (Shelar) to deposit, as security, a sum of Rs 5,00,000. Let the deposit of security be made within a period of seven days from the date.”
Further, the court adjourned the PIL for further hearing to March 31.
According to Rule 7 (a) of High Court PIL rules, the plea should not be filed for any personal gain, private motive or oblique reason. The security deposit is taken by the court to make sure that in case the PIL is found to be filed with a personal motive, then the amount would go towards the cost of litigation.
