A public interest litigation (PIL) filed by a “hardcore fan” who was offended by Sukesh Chandrasekhar’s “derogatory letters” to actors Nora Fatehi and Jacqueline Fernandez, both of whom were defendants in the suspected conman’s criminal case, was rejected by the Delhi High Court with costs of Rs. 25,000.
The perceived status of a “fan” did not provide the petitioner, Nishant Singh, the right to seek relief on behalf of the performers who are well-equipped to defend their rights, according to a ruling issued on Monday by a bench presided over by Chief Justice Satish Chandra Sharma.
The court ordered the petitioner to deposit the cost with Army Battle Casualties Welfare Fund within thirty days, failing which it shall be recovered as arrears of land revenue. The court described the petition as an abuse of the legal system, “replete with vague and reckless allegations,” and a “misguided attempt to garner cheap publicity.”
“The Court finds the petition lacking in substance and merit, rendering it a regrettable waste of valuable judicial time. Despite Mr. Singh’s professed commitment to what he perceives as a cause of public interest, the Court is disappointed with the frivolous nature of the petition,” said the bench, also comprising Justice Sanjeev Narula.
“The instant PIL is a sheer abuse of the judicial process, which deserves to be dismissed with costs. Accordingly, it is directed that the Petitioner shall deposit a cost of Rs. 25,000/- with the Army Battle Casualties Welfare Fund, within a period of thirty days from today,” the court ordered.
The court stated in the ruling that frivolous PILs, like the one at hand, waste judicial time and resources because PILs are meant to promote genuine public interest.
The court noted that Sukesh Chandrasekhar’s letters were widely shared on social media and news outlets and contained offensive language, constituting an offence under Section 354 of the Indian Penal Code (Assault or criminal force to a woman with intent to outrage her modesty). The petitioner was a fingerprint expert.
There are well-defined criminal and civil remedies against the alleged action and the “actresses involved are well-equipped to protect their interests and uphold their personal rights, without the necessity of a third-party representative like the petitioner”, said the court.
“The Petitioner’s grievance seems to stem from personal feelings as a fan of certain celebrities, rather than any legitimate public concern. Being a self-proclaimed third-party fan, the Petitioner lacks the necessary locus standi to maintain the PIL,” the court said.
“Dismissed, along with pending application,” it ruled.
At the hearing on July 28, the petitioner’s attorney said that his client was a “hardcore fan” who felt betrayed by Chandrasekhar’s messages to the actresses.
After upon, the court declared that the PIL would be rejected with costs.
The petitioner claimed in his PIL that the government officials conspired with Chandrasekhar to “outrage the modesty” of the two women. He demanded punishment against them.
He had stated that Chandrasekhar’s “public antics” and “false public love stories are heavily impacting on the psychology of our teenagers” need to cease right away.
“In these letters, by publicly talking about his alleged relations with some women artists, Mr. Sukesh is trying to violate the dignity of the women of this Country and specially woman artist Ms. Jacqueline Fernandez,” the petition said.
It further said Chandrasekhar’s assertions were also being publicised in media and violating the the dignity of the women.
The petitioner claimed Chandrasekhar, lodged in a prison in the national capital, was making “unrestrained” statements in the media and “speaking obscene things publicly”, due to which a female actress would not be able to live her life with dignity.
