Considering the evidence that was on record, it was found that the issue in the petition extended benefit to the whole public by declaring Section 2 of the Police Act unconstitutional, but the suit had been instituted in an individual capacity.
Further, it was found that a case being in the interest of public does not necessarily deprive the petitioner of costs. Thus, costs if awarded in a Public Interest suit must be nominal.
Further, the court found that although the appellant had not prayed for costs, a majority of 3 to 2 justices had awarded cost to him from their submissions.
Accordingly, the court ordered that costs of this court and of the court below be granted.