Procedure to File a P.I.L.

INTRODUCTION

Public Interest litigation is a petition filed by the individual, group of Citizen or non-government organization. It is to get justice on a problem which has broader public interest. It is mainly applicable to the citizen of the country.

As defined in the Black’s Law Dictionary, Public Interest Litigation means “a legal action initiated in a court of law for the enforcement of certain rights that are in the interest of the public where the class of community may or may not have a pecuniary interest or any other interest by which their legal rights are affected”.

The main aim of Public Interest Litigation is to give ordinary people easy access to law. Public Interest Litigation is basically for the group of individual then to a single person interest personally; if it is for private gain then such case will be handled by Lawyer. It will not be considered public interest litigation.

However Public Interest Litigation can be filed in High court or supreme court as per their specified Rules.

CASES & HISTORY

Public Interest Litigation came into the Limelight in the year 1979.

In one of the case such as SP Gupta v. Union of India.

In this case Justice PN Bhagwati articulately explained the concept of public Interest Litigation.

A Public Interest Litigation filing may happen not only by a group of people collectively but also by any individual directly/indirectly connected or even not connected to the cause; or for representation by an advocate.

There are many cases related to Public Interest Litigation.

In the year 1981, Anil Yadav v. State of Bihar case, where a news report revealed that about 33 suspected criminals became blind by the police by pouring acid into their eyes. The petitioner, Anil Yadav, marked a start of social activism and investigative litigation.

FACT

Any member of the society can file a writ under Article 226 of the Constitution in the High Court and in case of a breach in the fundamental rights of such individuals or class of individuals, relief can be sought in the Supreme Court by virtue of Article 32 of the Constitution.

Article 32 provides helps in providing justice to the weaker section, poor, helpless people in the society.

PROCEDURE FOR FILING PUBIC INTEREST LITIGATION

1) Before filing one must do good research work and make a consultation with group of people who are effected with it.

2) After completing above stated work get the Documents, information and evidences regarding such cases to fight against it in court by your own or by appointing lawyer.

3) but from my perspective it is always advisable to get a lawyer to solve the cases if not then pre-prepares to convince the problem.

4) After this one need to submit Public interest litigation copies of at least two to the High court and one copy to the respondent in advance as per Article 226.

5) And even serving petition copy must be attached.

6) Scenario becomes different if one submit Public interest Litigation to Supreme Court than 5 copies of petition require submission and to respondent if Supreme court gives notices regarding it. As per Article 32, a court fee amounting to Rs. 50 per respondent (for more than one, each respondent will have to pay Rs. 50 as court fee) affixed to the petition or more as per the amount mentioned by court.

Filing of petitions done via letters and even electronically as well online or by simply writing an E-mail addressed to the Chief Justice of India.

CONCLUSION

Inclusive matters pertaining to the Public interest Litigation such as,

1. Petitions from the riot victims;
2. Environmental pollution, ecological imbalance;
3. Food adulteration, preservation of heritage, culture, forests and wildlife;
4. Exploitation of economically and socially downtrodden sections of the society (Scheduled Castes/Scheduled Tribes etc..);
5. Welfare of children;
6. Other matters related to public interest and etc.