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Posted August 11, 2013 by advocateguru in PIL
 
 

HOW TO FILE A PIL

Primarily the concept of Public Interest Litigation (PIL) has comes with the objects enshrined in Article 39A [Equal justice and free legal aid-principles of policy to be followed by the State] and 32 [Remedies for enforcement of rights conferred by constitution .i.e. fundamental rights] of the Constitution of India to protect and deliver prompt social justice with the help of law (but Before the 1980s, only the aggrieved party could approach the courts for justice).

In general terms, PIL is a new policy for protection of public interest which can be filed in any High Court or may be in Supreme Court (like in the case of WRITS) against any injury may arise from breach of public duty or due to a violation of some provision of the Constitution.

A PIL can only be filed in the same manner, as other cases in the name of registered organization or in the name of an office bearer/member in his/her personal capacity. And if there is a requirement of notice to concerned authorities/ parties in prior then file a suit against government would require issuing a notice to the concerned officer department at least two months prior to filing.

The procedure:-

  • Collect all information .i.e. documents and photographs etc of affected interest and the groups affected/ affecting and make a rigid decision to file a case.

  • File a case as written petition carefully (as its expensive and time taking) by as follows:-

  • Consult a lawyer or if you yourself doing that then just take help in drafting (advisable).

  • Write to relevant authorizes and maintain records in organized form to be clear about your demand.

  • It’s advisable to carry all documents for proof like, documents for proof;   Photographs with affidavit of the photographer; Bills and Copies of the petition etc.

  • The petition should be addressed to the court within the respective jurisdiction Location Respective court within the jurisdiction. In case of High Court two copies of petition required to be filed as well as a copy to opposite party should be given in advance) and in case of Supreme Court, five sets required to be filed. The notice to opposite party will be issued by notice.

  • With a Court fee of RS. 50, per respondent (i.e. for each number of opposite party, court fees of RS. 50) have to be affixed on the petition.

  • After getting the replies from opposite party and rejoinder by the petitioner, final hearing takes place, and the judge gives his final decision (judge may appoint a commissioner, to inspect allegations, in the middle of the case).

THE FORMAT FOR PETION: check annexure

Annexure: 1

PIL FORMAT FOR HIGH COURT

 

BEFORE THE HIGH COURT AT

(EXTRA-ORDINARY CIVIL WRIT JURISDICTION)

 

PIL no. ……………………..of……………………………….

 

IN THE MATTER OF:

(Name of the petitioner) …Petitioner

 

VERSUS

(Name of the respondent(s) …Respondent

MEMO OF PARTIES

 

(Name of the petitioner) …Petitioner

 

VERSUS

(Name of the respondent(s) …Respondent

DRAWN & FILED BY

Dated:

Place:

 

BEFORE THE HIGH COURT AT

(EXTRA-ORDINARY CIVIL WRIT JURISDICTION)

PIL  No……………………..                 OF ………………………..

 

IN THE MATTER OF:

(Name of the petitioner) …Petitioner

 

VERSUS

(Name of the respondent(s) …Respondent

PUBLIC INTEREST PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA FOR THE ISSUANCE OF:

 

WRIT, ORDER OR DIRECTION IN NATURE OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION FOR (give the complete prayer as per law)

 

MOST RESPECTFULLY SHOWETH:-

1. That the following questions of public importance are being raised in the present Public Interest Petition (PIL):-

2. That the present petition is being filed against (give details)

3. That the Respondent(s) is/are an instrumentality of the State, hence “State” within the meaning of Article 12 of the Constitution of India.

4. That the brief facts leading to the rise of the present case are enumerated hereunder:-

5. That aggrieved by the aforesaid act, the Petitioner is before the Court, inter alia, following amongst the other

GROUNDS

6) That the Petitioner has got no other alternate efficacious remedy except for the present Public Interest Petition (PIL).

7) That the petitioner has not filed any other PIL or any other such petition seeking the identical relief before any other High Court or before the Hon’ble Supreme Court of India.

8) That the annexures filed along with the present Public Interest Petition (PIL) are true copies of the originals.

 

PRAYER:

It is most respectfully prayed that the court may issue:

(a) Writ, order or direction in nature of Mandamus or any other appropriate writ, order or direction for (give the complete prayer as per law);

(b) Any other order as the Hon’ble Court may deem fit and proper in the facts and circumstances of the case be also passed in favour of the Petitioner in the interest of justice;

(c) Cost of the present petition should also allowed in favour of the petitioner and against the respondent.

Petitioner

Through

Counsels

Annexure: – 2

PIL FORMAT OF WRIT PETITION AT SUPREME COURT

IN THE SUPREME COURT OF INDIA

ORIGINAL JURISDICTION

 

PIP no……………………….of………………………

 

IN THE MATTER OF

(Name of the petitioner) …..Petitioner

Versus

(Name of the respondent) ….Respondents

 

PUBLIC INTEREST PETITION UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF WRIT, ORDER, DIRECTION OR ANY OTHER APPROPRIATE DIRECTION.

To

Hon’ble Chief Justice of India and His Lordship’s Companion     Justices of the Supreme Court of India

The Humble petition of the Petitioner above named.

MOST RESPECTFULLY SHEWETH:

1. Facts of the case

2. Question(s) of Law

3. Ground

4. Averments

 

That the present petitioner has not filed any other petition in any High Court or the Supreme Court of India on the subject matter of the present petition.

 

PRAYER

 

In the above premises, it is prayed that this Hon’ble Court may be pleased:

(i) ………….

(ii) to pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances of the case.

FOR WHICH ACT OF KINDNESS, THE PETITIONER SHALL AS INDUTY BOUND, EVER PRAY.

FILED BY:

 

PETITIONER-IN-PERSON

DRAWN:

FILED ON:

IN THE SUPREME COURT OF INDIA

ORIGINAL JURISDICTION

 

CIVIL WRIT PETITION NO………… OF …………..

 

(Name of the petitioner) …..Petitioner

Versus

(Name of the respondent(s) ……Respondent

 

PAPER BOOK

(FOR INDEX KINDLY CHECK INSIDE)

FILED BY:

 

(ADVOCATE FOR THE PETITIONER/

PETITIONER-IN-PERSON)

Filed on:

I N D E X

_____________________________________________________________

Sl. No. PARTICULARS PAGES

_____________________________________________________________

1. Synopsis and List of Dates

 

2. Writ Petition along with Affidavit in support.

 

3. Annexures

 

4. Application if any

Important note:-

 

  1. Affidavit of the petitioner duly sworn.

 

  1. Annexures as referred to in the Writ Petitioner, Rs.2/- per annexure.

 

  1. 1+5 copies of the Writ Petition are required.

 

  1. Court fee of Rs.50/- per petitioner (In Crl. Matter no court fee is (payable)

 

  1. Index  of papers

 

  1. Cover page

 

  1. Any application to be filed, Rs.12/- per application

 

  1. Memo of appearance, Rs.5/- Court fee.

 

  1. Synopsis and list of dates to be filed along with


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