Disqualification in PIL
N.K.Assumi
(Querist) 15 September 2008
This query is : Resolved
What kind of persons are disqualified to file public interest litigation?
Manish Singh
(Expert) 15 September 2008
leaders/politicians having interest.
people for their own cause.
but pil can be filed only when there is cause which affects majority of the society.
there is case law by the SC defining scope and applicabilty of pil.
Murali Krishna
(Expert) 15 September 2008
Dear Assumi, I request you to go through the recent judgement of Supreme Court in Petition (Civil) No. 580 of 2003; Decided On: 11.04.2008; Common Cause (A Regd. Society) Vs. Union of India (UOI) and Ors.
A brief of the observation of the apex court is here.
Writ petition under Article 32 of the Constitution filed in the form of public interest litigation by Common Cause (A Registered Society) before Supreme Court. The petitioner alleged that the number of motor accidents has increased greatly over the years and hence sought a Writ, direction to Union of India and all other States to promulgate suitable Road Safety Act so that risks of accidents on the roads would be minimised. Depricating the tendency of filing Public Interest Litigations (PIL) for every other problem, the Apex court observed the contour of jurisdiction of Courts as follows:
The people must know that Courts are not the remedy for all ills in society. Judiciary can make some suggestions/recommendations to the legislature or the executive, but these suggestions/recommendations cannot be binding on the legislature or the executive. The people must also realize that the judiciary has its limits and cannot solve all their problems, despite its best intentions. The problems facing the people of India have to be solved by the people themselves by using their creativity and by scientific thinking and not by using judicial crutches like PILs.
PIL is a weapon to be used with great care and circumspection. Unfortunately, the truth is that PILs are being entertained by many courts as a routine, most of which are frivolous or for which the judiciary has no remedy. Public interest litigation has nowadays largely become ‘publicity interest litigation’, ‘private interest litigation’, or ‘politics interest litigation’ or the latest trend ‘paise income litigation’. Much of P.I.L. is really blackmail.
However, blanket bar of the application in the form of PIL is not desirable. Each case has to be examined on its own facts. Therefore, whether to entertain the petition in the form of Public Interest Litigation either represented by public-spirited person; or private interest litigation in the guise of public interest litigation; or publicity interest litigation; or political interest litigation is to be examined in the facts and circumstances recited in the petition itself. If there is a buffer zone unoccupied by the legislature or executive which is detrimental to the public interest, judiciary must occupy the field to subserve public interest.
N.K.Assumi
(Querist) 15 September 2008
Tanx Murali.
salilkumarp
(Expert) 15 September 2008
please also refer justice ramkumar "s very recent judgement of kerala high court
jomon puthanpurackal v/s cbi
