PROCEDURE
TO FILE A PIL.
A "Public Interest
Litigation”, is filed in the same manner, as a written petition is filed. The
procedure is as follows:
1.Preliminary Precaution: Make an informed decision to file a case.
Consult all affected interest groups who are possible allies.
Be careful in filing a
case because:
Litigation can be
expensive and time consuming.
Litigation can take away
decision making capability strength from communities.
An adverse decision can
affect the strength of the movement.
Litigation involvement
can divert the attention of the community away from the real issues.
2.Collection
of Information: If a decision is taken to file a PIL, the
following aspects must be considered:
Collect all the relevant
information
Be meticulous in gathering detail for use in
the case. If you plan to use photographs, retain the negatives and take an
affidavit from the photographer. Retain bills.
Write to the relevant
authorities and be clear about your demands.
Maintain records in an
Organized manner.
Consult a lawyer on the
choice of forum
Engage a competent lawyer.
If you are handling the matter yourself make sure you get good legal advice on
the drafting.
3.Pre-filing
Legal Notice: You may have to issue a legal notice to the
concerned parties / authorities before filing a PIL. Filing a suit against the
government would require issuing a notice to the concerned officer department
at least two months.
4.Filing:
Both the high court and Supreme Court have the power
To entertain PIL.
Since there are no statutes
or rules, there cannot be a specific difference, as to which court will have
jurisdiction on the PIL.
Filing PIL in High Court
or Supreme Court depends on the nature of the case:
lf the issue involves
only a small group of people being affected by action of State authority, the
PIL can be filed in high court. For example, if the students of Mumbai University
are affected by the current system of examination; PIL can be filed in the High
Court.
If a large section of
people is affected by Central/State authority, PIL can be filed in Supreme
Court For example, a large section of students across the country are affected by
poor quality of education; PIL can be filed in the Supreme Court.
In
High Court: If a Public Interest Litigation is filed
in a High court; two (2) copies of the petition have to be filed. Also, an advance
copy of the petition has to be served on the each respondent, i.e. opposite
party, and this proof of serving the notice has to be affixed on the petition.
In
Supreme Court: If a Public Interest Litigation is filed
in the Supreme Court; 5 sets of petition has to be filed. The opposite party is served one copy only when notice is issued. The
proof of serving the notice has to be affixed on the petition.
5.Court
Fee: A Court fee of ₹ 50 per respondent (i.e. for each number
of opposite party, court fees of ₹50) has to be affixed on the petition.
6.Proceedings: The proceedings in the PIL commence and
carry on in the same manner, as in other cases.
However, in between the proceedings if the
judge feels he may appoint a commissioner to inspect allegations like pollution
being caused, workers are exploited by paying low wages, weaker sections are
victimized, etc.
7.Final
Decision: After filing of
replies by opposite party, and rejoinder by the petitioner, final hearing takes
place, and the judge gives his final decision. If the case is filed in the High
Court, and if the decision is not acceptable to either party, then either
party can move to the Supreme Court for further deliberations and decision.
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