Public interest litigation
സാദാരണയായി ഹർജി നൽകുവാൻ ഹർജിക്കാരൻ നേരിട്ട് ഹാജരാകണം എന്നില്ല , ഒരു വകീൽ മുഗേന ആണെങ്കിൽ വകീൽ വേണ്ട കാര്യങ്ങൾ ചെയ്തു കൊള്ളും , കോടതി ഹാജരാകുവാൻ നിർദേശിക്കുക ആണെങ്കിൽ മാത്രം ഹാജർ ആയാൽ മതി .
അഭിഭാഷകൻ ഇല്ലാതെയും പൊതു താല്പര്യ ഹർജി നൽകാം ,
എപ്പോഴെക്കെ ഹർജി നൽകാം ?
ആർക്കു
വേണമെങ്കിലും
, വേറെ ആളുടെയോ , ഒരു കൂട്ടം ആളുകളുടെയോ , മൗലിക അവകാശങ്ങൾ ലംഗിക്ക പെടുമ്പോൾ , അവർക്ക്‌ വേണ്ടി മറ്റൊരാൾക് പോലും ഹർജി നൽകാവുന്നതാണ് .
Public interest litigation ,
Who can file it?
Any Indian citizen can file a PIL, the only condition being that it should not be filed with a private interest, but in larger public interest. At times, even the Court can take cognizance of a matter if it is one of utmost public importance, and appoint an advocate to handle the case.
Where can PILs be filed?
PILs can be filed either in the High Court or in the Supreme Court.
What is the procedure for filing a PIL?
One has to do thorough research before filing a PIL. In case of filing a PIL concerning several individuals, it is important and the best course for the petitioner to consult all affected interest groups.
Once you decide to file a PIL, collect all relevant information and documents to back your case. You can argue in person or appoint an advocate to fight the case. In any case, it is advisable to consult an advocate before filing a PIL. If you intend to argue in person, be better prepared to explain the issue and convince the court in the little time that you are given.
Once you are ready with the PIL copy and intend to file it in the High Court, submit two copies of the petition to the court. Also, a copy of the petition has to be served to each respondent in advance. And this proof of serving the copy to the respondents has to be affixed in the petition.
If you are filing PIL in the Supreme Court, then five copies of the petition are to be filed before the court. Respondent is served with the copy only when the notice is issued from the court.
What is the cost incurred to file a PIL?
A PIL itself is cheap compared to other court cases. One has to pay a court fee of Rs 50 for each respondent and affix it with the petition. However, the expense for fighting the case depends on the advocate the petitioner chooses to argue the case.
What is the difference between a PIL and a Writ Petition?
Writs are filed by individuals or institutions for their own benefit and not for public interest, whereas PILs are filed for a larger good.
What are the issues that cannot be filed under PIL?
The Supreme Court has issued a set of PIL guidelines according to which the following matters will not be allowed as PILs:
Landlord-tenant matters
Service matters
Matters pertaining to pension and gratuity
Complaints against Central and State government departments and Local Bodies except those relating to items 1 to 10 mentioned in the list of guidelines
Admission to medical and other educational institutions
Petitions for early hearing of cases pending in High Court or subordinate courts
Do judges normally admit the PILs?
It differs from judge to judge. PILs are handled by the Chief Justice of the court, hence it purely depends on how the sitting judge perceives the matter. The average admission rate may range from 30 to 60 per cent. Normally PILs are taken into consideration if the judges are convinced of the fact that the subject is of significance and is in the interest of the public.
How long does it take for the closure of the case?
That depends on the case. If the matter is of utmost importance pertaining to lives of individuals, human rights violation etc, the court would take up the case immediately, conduct the hearing and dispose of the matter. But in general, due to piling up of PILs in courts, the hearing and closure of the case is time consuming, often it takes years. However, in between the hearings, the court may issue directions to the authorities to perform certain actions as and when needed.
It’s only after the final hearing of both parties that a judgement is given.