Cyber Legal Aid - Public Interest Litigation

1. What is a PIL?
‘PIL’ means Public Interest Litigation.
‘Public’ means people in general or a section of people who for reasons of ignorance, illiteracy, indigence, and the like, are not in apposition to reach out to a court of law to protect their rights.
(Public) ‘Interest’ (in PIL) means rights of the public, arising out of some statute or the Constitution, which have been infringed or are under threat of being infringed. Something that is of material or pecuniary interest to the public and not mere interest by way of curiosity.
‘Litigation’ (in PIL) means proceedings before a Court of Law commenced and carried on in public Interest.
Thus, Public Interest Litigation (PIL) means court action seeking relief for the people in general or a section of the people when any of their rights is infringed or is likely to be infringed by any one including the state but they themselves are not in a position to move the Court of competent jurisdiction for reasons of illiteracy, ignorance, indigence, helplessness and the like.

2. Who can file PIL?
Any public spirited person or association or group of such persons who have no personal interest in the matter, acting bonafide, can file PIL.
No busybody or interloper or someone who has political or personal or publicity interest to serve, can file PIL.
No one can use PIL as a means of settling personal scores or to serve some oblique motives.
‘Public spirited’ means the one who is moved by interest of the public genuine interest at that.

3. When PIL is filed, does the Court initiate action in each case?
No. at the first hearing itself the Court examines the prima facie genuineness of the Petitioner, his interest and the issues raised in the Petition.
If the Court finds that Petition is moved for personal, political, or publicity interest or for some oblique motive, the Court refuses to entertain it and it is dismissed at the threshold or the petitioner is permitted to withdraw it, if he so prays and the Court agrees.
Where the Court finds that the Petition is moved by the Petitioner knowing its objective to be in genuine, the Court may pass strictures against the Petitioner. In certain cases even fine can be imposed on the Petitioner. Fines even up to Rs. One Lakh have been imposed by Courts, in certain cases of frivolous and vexatious PILs. So the PIL petitioner has to be circumspect and careful.

4. Can a PIL once filed be withdrawn by the Petitioner?
No. If the Court takes cognizance and issues notice to the respondents in a PIL matter, the petitioner is not at liberty to withdraw his petition as the issues under court deliberation do not relate to his private rights or interests but to those of the public. If the petitioner wishes to withdraw from the matter in such cases the court may permit him to do so but the petition will continue to be before the court and the court may in such a case substitute the petitioner with another petitioner to carry on with the PIL till its conclusion. In a private interest matter court normally permits the petitioner to withdraw but not in a public interest matter.

5. What is the time frame in which a PIL may be decided?
No time frame. However, PIL is given by the Court the priority it deserves depending upon the issues raised in it.
For example, in the petition seeking urgent action when people in Delhi were dying due to Dropsy, caused by adulteration of mustard oil, the Delhi High Court dispensed with the normal practice of issue of notice calling for counter affidavits by the respondents etc., and summoned the concerned government authorities the very next day and issued directions which helped save the situation as otherwise hundreds more would have died because of inaction by Government machinery.

6. Is there any prescribed form for making a PIL?
No. Even a letter or post card can be accepted by the court as PIL. However, normally, PIL petition has to be in the usual form in which other petitions are framed.

7. Who should be made Respondents in PIL?
Those in respect of whom or against whom allegation are made and from relief is sought. All such parties have to be made respondents to give them opportunity of being heard. Court does not pass orders against any party at its back affording it opportunity of placing its version before it.

8. In what language PIL can be made?
Court language in English. However, Court may entertain a PIL petition in any other Indian Language also. But for the convenience of the Court and the respondents, PIL petition should preferably be worded in English language.

9. Before which Courts can PIL be moved?
Before the High Courts and Before the Supreme Court. Before the Supreme Court, in cases involving infringement or threatened infringement of fundamental rights of Citizens and before respective High Courts, in cases involving infringement or threatened infringement of statutory rights.

10. Can a foreigner also file PIL?
Yes. Foreigners visiting India or residing in India on visas have also certain constitutional and statutory rights. If any of their rights is infringed or is threatened, they have equal right as citizens of India, to move court for intervention by way of PIL, if the issues are such that the concerned people or a section of themselves to reach out to the court for relief.

11. How many PILs can an individual or a group or an association of public spirited persons file, in a year?
There is no limit or quota laid down for the purpose. Any number of PIL petitions can be filed by a public spirited person or a group or association of such persons, in a day, a week, a month or a year. Question is not the number but the quality and substance of the PILs.

12. Does the Court pay costs to the PIL petitioner, if he succeeds?
Generally not. But Courts have in some cases compensated petitioners by ordering the respondents to pay some determined sums. But PIL petitioners should not expect monetary compensation from Courts. They have to spend their own time and resources in pursuing PIL issues by way of service to the people they don’t even know. Service of the people in itself is the most satisfying compensation.