How can you pursue PIL case over drought, SC asks Swaraj Abhiyan

Legal Correspondent 

New Delhi, October 24 

The Supreme Court on Monday asked NGO Swaraj Abhiyan to justify pursuing a PIL case over drought in various parts of the country even after declaring its as a political party. 

A Bench comprising Justices MB Lokur and NV Ramana told the petitioner’s counsel Prashant Bhushan that the apex court did not allow political parties and leaders to file PIL cases. 

Bhushan said the Abhiyan was yet to register the proposed party with the Election Commission and the formality would take more than a month. Also, the apex court had allowed PILs by parties or politicians to pursue such cases if they proved their bona fide on the need for fighting for the cause. 

The Bench raised the question after being informed by Attorney General Mukul Rohatgi that the NGO had converted itself into a political party and as such should be barred from fighting PIL cases irrespective of the fact that EC registration was yet to be done. 

The Bench also noted that allowing Abhiyan to persist with the present case would set a dangerous precedent, prompting other political parties to rush to the judiciary to settle scores with their rivals. 

Nevertheless, the Bench decided to hear the drought case until the two sides argued on the merits and demerits of continuing with it at a later date. Bhushan said the NGO was willing to get out of the case if the Bench appointed a court commissioner and an amicus curiae. 

Meanwhile, the Bench told the Centre on Monday hold a meeting with the states to frame guidelines for implementing central laws to deal with drought and other national calamities. 

In May this year, the apex court had directed the drought-hit states to provide highly subsidised foodgrains to the affected people under the National Food Security (NFS) Act. The states are Gujarat, Uttar Pradesh, Madhya Pradesh, Karnataka, Andhra Pradesh, Telangana, Maharashtra, Odisha, Jharkhand and Chhattisgarh. 

The Bench had pulled up Haryana, Gujarat and Bihar for refusing to declare drought despite a sharp fall in the monsoon rains, a primary indicator for assessing people’s distress arising from water scarcity and crop failure. Gujarat declared drought only in some areas that too very late. 

The Bench had directed all the 12 states, including Haryana and Bihar, to provide 5 kg of foodgrains per person a month at the price meant for below poverty line (BPL) families and this should be given to even those above the poverty line (APL) and those not holding ration cards.