Petitioner Challenging Constitutional Validity of Epidemic Diseases Act to deposit 1 Lakh finding PIL Prima Facie Vexatious- Bombay High Court

Public Interest Litigation filed by a lawyer Harshal Mirashi who sought lifting of lockdown restrictions imposed by State and Central governments invoking the Epidemic Diseases Act The petitioner had initially approached the apex court in the matter before Justice DY Chandrachud and Justice Indira Banerjee. The bench had asked the petitioner at the outset-

"What kind of a writ petition have you filed? Don't you have something called the High Court of Judicature of Bombay?"Petitioner responded saying Epidemic Diseases Act is a Central Act, Justice Chandrachud had said-"We have the power, but the High Courts also do have the power to consider the validity of any law or to strike it down. Since the High Courts also have the power, it is desirable to go to the High Court!”

The petitioner then approached Bombay High Court with the same PIL Division bench of Chief Justice Dipankar Datta and Justice GS Kulkarni heard the PIL challenging epidemic act and prayer for lifting of lockdown restrictions. Court observed  

"We are prima facie of the opinion that this is a vexatious writ petition filed as a Public Interest Litigation., We call upon the petitioner to put in a security amount of Rs.1 Lakh within a week from date. If such security amount is put in, the writ Petition shall be listed on the following working day for further consideration. In the event, however, the security amount is not put in, the writ petition shall stand dismissed without reference to the Bench."

 

 

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