By Rajesh Pandey
In a significant reaffirmation of its commitment to public welfare and judicial responsibility, the Allahabad High Court has converted a Public Interest Litigation (PIL) filed in 2014 concerning the restriction and regulation of acid sales in Uttar Pradesh into a suo motu proceeding.
The decision ensures that a matter of grave societal importance does not lapse merely because the original petitioner has chosen to step away.
The order was passed after Anubhav Verma, the original petitioner, informed the court that he was no longer inclined to pursue the litigation.
Recognising the wider implications of the issue—particularly in light of acid attack cases and the need for strict control over corrosive substances—the court refused to allow the cause itself to fade away.
Court Emphasises Justice Over Individual Volition
A division bench comprising Justice Saumitra Dayal Singh and Justice Vivek Saran observed that allowing the PIL to be withdrawn outright could undermine the very purpose of public interest litigation.
In its order dated December 9, the bench made it clear that PILs are fundamentally different from adversarial disputes between private parties.
While we cannot judge the choice or motive of the original petitioner, who wishes to withdraw from such a genuine public interest litigation, we observe that the interest of justice may be defeated if such litigation is permitted to be withdrawn on the volition of the original petitioner,” the court observed.
The bench further noted that public interest litigations are instituted to protect collective rights and public safety, and therefore cannot be treated as personal legal battles subject solely to the petitioner’s discretion.
Case Re-Registered as Suo Motu Petition
While permitting Anubhav Verma and his counsel, Sri Pradeep Kuma,r to formally withdraw from the case, the High Court ordered that the matter itself be preserved and continued.
We permit the original petitioner, Anubhav Ver, ma and Sri Pradeep Kumar, learned counsel for the petitioner, to withdraw from the case, but we maintain the cause,” the bench stated.
Accordingly, the court directed the Registry to re-register the proceedings as a suo motu petition, after making the necessary changes to the party description and case records.
This step ensures uninterrupted judicial scrutiny over the regulation and monitoring of acid sales in the state.
Amicus Curiae Appointed to Assist the Court
To facilitate effective adjudication and ensure continued legal assistance, the High Court appointed Advocates Akansha Mishra and Utkarshini Singh as Amicus Curiae in the case.
Their role will be to assist the court by providing independent legal input and ensuring that the issue is examined comprehensively and objectively.
A Message on the Sanctity of PILs
The court’s decision sends a strong message on the sanctity and purpose of public interest litigation.
By converting the matter into a suo motu case, the Allahabad High Court has underscored that issues affecting public safety, human dignity, and social justice cannot be allowed to disappear due to individual withdrawal.
The continuation of the proceedings reflects the judiciary’s resolve to remain vigilant on matters with long-term social consequences—particularly those involving the regulation of hazardous substances that have historically been misused to cause irreversible harm.
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