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Bombay High Court dismisses PIL against commercial use of playground for Navratri event featuring Falguni Pathak

During the hearing, the Court was informed that the petitioner had approached the High Court in 2018. The PIL was disposed of granting liberty to the petitioner to file a fresh plea with appropriate details.

“Chief Justice Nandrajog was right, your pleadings were incomplete, you have again come with an incomplete petition”, the Court observed.

The fact that the petitioner did not approach the High Court the following year in 2019 also did not go unnoticed.

“So now you wake up from your slumber and come. Why did you not come in 2019? You cannot choose your time for coming to court. You got a cause of action, you came with a half-baked petition, and then you were given liberty. You again had a cause of action and then you did not come. As a petitioner, you also did not do complete research while filing the petition,” the Bench remarked.

The Court at this point asked why the petitioners had not challenged vires of Section 37A.

“You should challenge this provision, we will strike it down. What is this? What are we doing? And this has been on the statute book for the last 25 years. The effect of this would be that 10 days after this court passes an order, this playground cannot be used for any other activity”, CJ Datta said.

Source: Barandbench

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