public interest litigation
harithashobha
(Querist) 07 February 2010
This query is : Resolved
sir , suppose in a case a person who has not got legal remedy on approaching court due to decision on that topic from a court of concurrent jurisdiction....and one of thre person affected was his son ' can the father file a public interest litigation in supreme court ......
............ does he have locus standi?
Raj Kumar Makkad
(Expert) 07 February 2010
No. He cannot file PIL in the asked quarry. Put the entire and detailed facts of your quarry so that an accurate reply may be given.
Sachin Bhatia
(Expert) 07 February 2010
Send the entire and detailed facts of case so that an accurate reply may be given.
Kiran Kumar
(Expert) 07 February 2010
dear friend Public Interest Litigation can not be used as a tool to safeguard individual interest.
if the issue involved in ur case is a private one then there is no scope for filing PIL.
if merely because the law has been settled by the concerned High Court or SC on a particular issue, it does not prevent you from approaching the higher courts (if there is provision for appeal or revision etc.are available).
since u ve not given complete facts so a clear opinion can not be expressed, so pls mention some more facts as my Ld. friends have advised you.
Parveen Kr. Aggarwal
(Expert) 07 February 2010
Public Interest Litigation, as rightly suggested by Mr. Kiran Kumar, is litigation wherein interest of public at large is involved and it cannot be used as private interest litigation. The decision of a court may be reversed by the Higher Court. However, in your matter also if the question involved is of public importance affecting public at large, a public interest litigation may be initiated.
