HC dismisses PIL seeking asylum for three Afghans, imposes ₹10K cost

LUCKNOW : The Lucknow bench of the Allahabad high court has dismissed a Public Interest Litigation (PIL), which sought directives to the Centre to provide political asylum in accordance with international law to three Afghan nationals. The court also imposed a cost of ₹10,000 on the petitioner.

A division bench of Justice Ritu Raj Awasthi and Justice Abdul Moin on September 13 dismissed the PIL filed by Suresh Kumar Gupta, a lawyer.

In the PIL, Gupta had sought directives to the Centre for political asylum for Qazi Marzia, judge of the Supreme Court of Afghanistan, Saleema Majari, former governor of Kandhar province in Afghanistan and Nilofar Rahmani, fighter pilot of the Afghan Nationalist Army.

Gupta filed the PIL, claiming to be next friend of the petitioners, authorising him to file the petition on their behalf.

Gupta apprised the court that he was their friend (Afghan nationals) on social media.

“It is apparent that the petition by a person in the capacity of friend can only be filed in the case of a minor or an insane person or one who is suffering from any other disability which the law recognizes as sufficient to permit another person e.g., next friend, to move the Court on his behalf,” the court observed while rejecting Gupta’s petition.

“Thus, we are constrained to hold that the instant Public Interest Litigation filed by Suresh Kumar Gupta in the capacity of being friend or next friend of petitioners is clearly not maintainable and deserves to be dismissed on this ground alone,” added the court.

“Consequently, while dismissing the petition, we also impose a token cost of ₹ 10,000 on Suresh Kumar Gupta for having wasted the precious judicial time of the Court,” said the high court.

“Let such cost be deposited with the high court Legal Service Sub- Committee, Lucknow, within 30 days failing which the cost shall be recovered as arrears of land revenue by the District Magistrate, Lucknow,” the court added.

Advocate Suresh Kumar Gupta appeared in person before the court.

Senior advocate SB Pandey, assistant solicitor general, government of India, assisted by Anand Dwivedi, represented the Centre.