Filing of PILs inappropriate when statutory remedies are available: HC
Chandigarh: The Punjab and Haryana high court has held that invocation of extraordinary jurisdiction by way of a public interest litigation (PIL) is inappropriate and impermissible when a robust and adequate statutory framework already exists for redressal of a particular grievance.
"Allowing unfettered recourse to PIL in such instances would amount to a judicial usurpation of legislative foresight and undermine the primary responsibility of the legislature to craft laws. Bypassing these meticulously designed mechanisms through PIL circumvents the intended architecture of grievance redressal and potentially dilutes the role of expert authorities," the high court has said.
A division bench comprising Chief Justice Sheel Nagu and Justice Sumeet Goel has passed the orders on a petition filed by one Anuj Malik and others.
The petitioner sought directions to restrain all online opinion trading platforms, mobile applications, websites, and digital mediums from advertising, promoting, or marketing betting and wagering activities through platforms, including YouTube, X (Twitter), Instagram, Facebook, radio, print media, television, in blatant violation of statutory laws.
They argued that despite a robust legal framework in place, the law was being flouted through misleading advertisements and unregulated financial systems.
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The petitioners further submitted that if appropriate action was not undertaken, such platforms would continue to dupe gullible users.
Responding to the plea, the govt informed that there already exists a legal and statutory framework within which any aggrieved person can approach the authorities concerned for redressal of any grievances, as raised by the petitioner. The govt counsel specifically drew the attention of the court to The Haryana Prevention of Public Gambling Act, 2025, which has been notified from April 9, 2025, and submitted that without adverting to the existing statutory framework, approaching this court by way of PIL amounts to bypassing the legislative mandate.
After hearing the matter, the bench disposed of the petition, asking the petitioner to raise his grievance before the authorities concerned in terms of extant laws.
BOX
'Unwarranted proliferation of litigation'
Encouraging indiscriminate PILs, despite available statutory remedies, leads to an unwarranted proliferation of litigation, a burden on constitutional courts, as well as a judicial docket explosion. These risks transform constitutional courts into primary redressal fora rather than their intended role as ultimate arbiters of constitutional questions. Judicial resources, being scant and precious, must be conserved for matters of genuine public importance
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