Pil
Pil
Pil
The court can itself take cognizance of the matter and proceed suo
motu or cases can commence on the petition of any public spirited
individual.
Atrocities on women
Food adulteration
The first reported case of PIL was Hussainara Khatoon vs. State of
Bihar (1979) that focused on the inhuman conditions of prisons and
under trial prisoners that led to the release of more than 40,000
under trial prisoners.
In this case it was held that “any member of the public or social action
group acting bonafide” can invoke the Writ Jurisdiction of the High
Courts (under article 226) or the Supreme Court (under Article 32)
seeking redressal against violation of legal or constitutional rights of
persons who due to social or economic or any other disability cannot
approach the Court.
Justice Bhagwati did a lot to ensure that the concept of PILs was
clearly enunciated. He did not insist on the observance of procedural
technicalities and even treated ordinary letters from public-minded
individuals as writ petitions.
The Supreme Court in Indian Banks’ Association, Bombay & Ors. vs.
M/s Devkala Consultancy Service and Ors held :- “In an appropriate
case, where the petitioner might have moved a court in her private
interest and for redressal of the personal grievance, the court in
furtherance of Public Interest may treat it a necessity to enquire into
the state of affairs of the subject of litigation in the interest of
justice.” Thus, a private interest case can also be treated as public
interest case.
The liberal interpretation of locus standi where any person can apply
to the court on behalf of those who are economically or physically
unable to come before it has helped. Judges themselves have in some
cases initiated suo moto action based on newspaper articles or letters
received.
In PIL cases where the petitioner is not in a position to provide all the
necessary evidence, either because it is voluminous or because the
parties are weak socially or economically, courts have appointed
commissions to collect information on facts and present it before the
bench.
However, the court must be satisfied that the Writ petition fulfils
some basic needs for PIL as the letter is addressed by the aggrieved
person, public spirited individual and a social action group for the
enforcement of legal or Constitutional rights to any person who are
not able to approach the court for redress.
Significance of PIL
The aim of PIL is to give to the common people access to the courts to
obtain legal redress.
Conclusion