The Supreme Court on Monday dismissed a Public Interest Litigation (PIL) by Mumbai-based advocate Ghanshyam Upadhyay seeking action against alleged illegal activities of political parties, calling it non-maintainable. The bench also rebuked Upadhyay for his courtroom conduct, with Chief Justice of India BR Gavai recalling a prior contempt warning from his Bombay High Court tenure.

The petition sought directions to State Election Commissions (SECs) to curb alleged illegal activities by political parties that, he claimed, could endanger the “sovereignty, integrity, and unity of the country.” The petition also sought directions for the registration of an FIR against MNS leader Raj Thackeray and his workers for allegedly assaulting citizens over the use of the Hindi language.

The bench in its order said, “The public interest litigations are necessary but in the name of PILs, we cannot allow publicity interest litigations,” while dismissing the plea.

A bench comprising Chief Justice of India BR Gavai and Justices K Vinod Chandran and Atul S Chandurkar took strong exception to the petitioner approaching the top court directly, bypassing the High Court.

When Upadhyay insisted on the maintainability of his petition, the Chief Justice questioned why he had not first approached the Bombay High Court.

“Can’t this be raised before the Bombay High Court? This is nothing but a publicity interest litigation. Though PILs are necessary to protect citizens’ rights, this petition concerns policy matters of the Union or ECI and does not justify a direct approach to the Supreme Court under Article 32,” the bench observed.

The court permitted Upadhyay to withdraw the petition with the liberty to approach the appropriate High Court instead. “Take a flight and go and file there tomorrow,” the Chief Justice quipped.

Tensions briefly rose during the hearing when the Chief Justice addressed Upadhyay’s courtroom conduct. Reminding him of a prior contempt episode during his tenure as a judge of the Bombay High Court, Chief Justice Gavai warned, “I have saved you once after finding you guilty. I don’t want to issue contempt. Don’t make these gestures. Don’t remind me of Bombay days. Recollect what saved you that time. Don’t make me remind you of what happened there.”

Sources familiar with the earlier incident said that Upadhyay had been cautioned by a Bombay High Court bench led by Justice Gavai after he insisted on being heard against the court’s advice. A show cause notice for contempt was reportedly considered but later dropped following intervention by another lawyer.

In the Monday hearing, Upadhyay, maintaining that the relief sought in his plea could not be granted by the High Court, eventually agreed to withdraw the petition.

This is not the first time the bench has issued such guidance. Just days earlier, it directed Sunil Shukla, President of the Uttar Bhartiya Vikas Sena, to approach the High Court first for similar grievances.

The petition had urged the Supreme Court to instruct all SECs to adopt a coordinated framework to monitor and prevent unlawful conduct by political parties. However, the top court reiterated its position that such matters must first be addressed before appropriate High Courts.

– Ends

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