Soli Sorabjee on PILs: Every matter of public interest cannot be a matter of public interest litigation
9 years, 2 months ago

Soli Sorabjee on PILs: Every matter of public interest cannot be a matter of public interest litigation

Firstpost  

Chief Justice of India TS Thakur recently voiced a concern regarding the misuse of PIL as an instrument to ‘settle scores with corporate rivals and also for personal vendetta’. Question: In December 2014 a bench of Chief Justice HL Dattu and Justice AK Sikri remarked that “public interest litigation was started with a good intention to help the poor people of this country. Soli Sorabjee: Public interest litigation is a valuable mechanism to redress the problems of the neglected, alienated and marginalized sections of society. Now, one prerequisite is that it must be instituted ‘bona fide’ and must avoid the three pitfalls associated with PIL: namely ‘private interest litigation’, ‘political interest litigation’ and ‘publicity interest litigation’. But with observations like that made by the bench headed by Chief Justice TS Thakur regarding the functioning of the Centre for Public Interest Litigation, the credibility of the institution of PIL is also undermined.

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History of this topic

'Paisa-publicity-private interest litigation', where's the real PIL?: Justice Nagarathna
2 weeks, 3 days ago

'Paisa-publicity-private interest litigation', where's the real PIL?: Justice Nagarathna

India Today  

Talking about the misuse of Public Interest Litigation these days, Supreme Court judge Justice BV Nagarathna on Tuesday said that the PIL was a virtuous weapon in the hands of the weak, but is now losing its virtue. “If I may say so, now it’s either paisa interest litigation, publicity interest litigation, or private interest litigation, but where is the …

PILs reduced to suspicion due to misuse: SC Judge Nagarathna
Top News
2 weeks, 3 days ago

PILs reduced to suspicion due to misuse: SC Judge Nagarathna

Hindustan Times  

Public interest litigation, once a “virtuous weapon” for the weak and oppressed, has now been reduced to suspicion due to its misuse for monetary or publicity gains, Supreme Court judge justice BV Nagarathna said on Tuesday. Justice Nagarathna commended Baxi for his role in shaping legal thought, especially in human rights and constitutional law. The event marked the unveiling of …

Book Review: Courting The People: Public Interest Litigation In Post-Emergency India By - Anuj Bhuwania
1 year, 6 months ago

Book Review: Courting The People: Public Interest Litigation In Post-Emergency India By - Anuj Bhuwania

Live Law  

Public Interest Litigations are one of the most celebrated features of the Indian Judicial System. While movies like Jolly LLB show us the glamourous, positive, and beneficial aspects of it, Anuj Bhuwania in his book along with showing us this side shows us how the Judiciary’s ‘Saviour Complex’ and ideological disposition has taken over the ideas of justice and its …

‘Public Interest Or Political Interest Litigation?’: Calcutta High Court In Plea For FIRs Against Suvendu Adhikari Over Panchayat Election Comments
1 year, 6 months ago

‘Public Interest Or Political Interest Litigation?’: Calcutta High Court In Plea For FIRs Against Suvendu Adhikari Over Panchayat Election Comments

Live Law  

The Calcutta High Court today took up a PIL upon directions of the Supreme Court, pertaining to registration of FIRs and initiation of criminal proceedings against BJP's Leader of Opposition in West Bengal, Suvendu Adhikari. Mukherji, which had lifted a stay on coercive action against Adhikari, and directed the West Bengal police to register an FIR for his comments during …

Explained: What is PIL? When can it be filed? Courts view on misuse of PIL
2 years, 9 months ago

Explained: What is PIL? When can it be filed? Courts view on misuse of PIL

India Today  

The Supreme Court on Friday slammed the petitioners who sought to challenge the construction work by the Odisha government at Puri’s Jagannath temple for misusing the Public Interest Litigation and imposed a fee on them. The bench observed that there has been an increase in the number of PILs filed in courts and said, “Many such petitions are either publicity …

PIL Litigation Alleviated Conditions Of Citizens; But Thousands Of Frivolous PILs being Filed: Supreme Court
3 years ago

PIL Litigation Alleviated Conditions Of Citizens; But Thousands Of Frivolous PILs being Filed: Supreme Court

Live Law  

The Supreme Court observed that PIL litigation has alleviated the conditions of the citizens in general.But thousands of frivolous petitions are filed, burdening the docket of both this Court and the High Courts, the bench headed by CJI NV Ramana observed.The court observed that noble intentions behind expanding the Court's jurisdiction were to accommodate. In these cases, Courts have multiple …

Delhi High Court Dismisses PIL Challenging Tender Invitations Issued By PSUs For Empanelment Of Law Firms Based On Turn Over Criteria
3 years, 1 month ago

Delhi High Court Dismisses PIL Challenging Tender Invitations Issued By PSUs For Empanelment Of Law Firms Based On Turn Over Criteria

Live Law  

The Delhi High Court has dismissed a public interest litigation challenging the Tender invitations issued by Public Sector Undertakings and other registered Corporates or Companies, including Directorate General of Hydrocarbons, for empanelment of a Law Firm on the basis of money or turn-over criteria as being ultra vires the Advocates Act, 1961. Observing that it would not be proper or …

'PIL Filed For Publicity Without Proper Research': Madras High Court Bars Litigant From Filing PILs For 2 Yrs, Imposes Cost
3 years, 1 month ago

'PIL Filed For Publicity Without Proper Research': Madras High Court Bars Litigant From Filing PILs For 2 Yrs, Imposes Cost

Live Law  

In a plea seeking a slew of "exceedingly general directions" for tackling the menace of corruption, the Madras High Court has censured the petitioner for filing public interest litigations for mere publicity, without proper research.The first bench of Acting Chief Justice Munishwar Nath Bhandari and Justice PD Audikesavalu further imposed a cost of Rupees Ten Thousand on the petitioner. In …

Public Interest Litigation In Service Matters Not Maintainable : Kerala High Court Reiterates
3 years, 4 months ago

Public Interest Litigation In Service Matters Not Maintainable : Kerala High Court Reiterates

Live Law  

While dismissing a writ petition, the Kerala High Court recently reiterated that Public Interest Litigations in service matters are not maintainable. A Division Bench of Chief Justice S. Manikumar and Justice Shaji P. Chaly observed so while adjudicating upon a plea seeking a direction to the Director of Health Services to take appropriate disciplinary action against C. Jayachandran,. A Division …

Politicians entitled to file PILs: SC
3 years, 11 months ago

Politicians entitled to file PILs: SC

The Hindu  

The Supreme Court has said judges need not read political motives or prejudice into a PIL petition merely because the person who filed it is a politician. Persons with political affiliations are as much entitled to file a public interest litigation as any other person, a Bench led by Justice Indira Banerjee observed in a recent order. “While it is …

"The Attractive Brand Name Of Public Interest Litigation Can't Be Used For Suspicious Products Of Mischief": Himachal High Court
4 years, 3 months ago

"The Attractive Brand Name Of Public Interest Litigation Can't Be Used For Suspicious Products Of Mischief": Himachal High Court

Live Law  

"Time has come to weed out the petitions, which though titled as public interest litigations are in essence something else," observed the Himachal Pradesh High Court on Thursday while expressing shock as to the number of frivolous petitions being filed before it under the garb of public interest. Thus, the Court observed that whenever a case is brought filed as …

Public Interest Litigation Is Not A Pill Or Panacea For All Wrongs And Can't Be Used For Suspicious Products Of Mischief: HP HC [Read Order]
4 years, 7 months ago

Public Interest Litigation Is Not A Pill Or Panacea For All Wrongs And Can't Be Used For Suspicious Products Of Mischief: HP HC [Read Order]

Live Law  

The Himachal Pradesh High Court on Wednesday took up a plea seeking the postponement of the 'HP Subordinate Allied Services Examination-2019' to any subsequent dates, post normalization of COVID-19 crisis. While noting that the pleas raised were absolutely fallacious, the bench remarked, "…the attractive brand name of public interest litigation cannot be used for suspicious products of mischief. Further, highlighting …

Public Interest Litigation- An Instrument Of Social Transformation Or A Tool Of Vested Interests And Its Significance During COVID
4 years, 9 months ago

Public Interest Litigation- An Instrument Of Social Transformation Or A Tool Of Vested Interests And Its Significance During COVID

Live Law  

The onset of Covid-19 has crippled the entire world, prompting all countries across the world including India, to announce some stringent, expansive and stout hearted measures in order to forestall the havoc, which the virus is capable of wreaking. The concept of PIL was comprehensively expounded by Justice Bhagwati, In the Judges Transfer case, in which a 7 member bench …

Petitioner Interest Litigation – Time To Check.
6 years, 1 month ago

Petitioner Interest Litigation – Time To Check.

Live Law  

PIL-1 & PIL-2 The advent of Public Interest Litigation was perhaps one of finest moments in the history of Indian judiciary. I am focusing from 2015-2018 and taking few samples of such Petitioner Interest Litigation filed before the Supreme Court. Figurative Data – PIL-3 In an hour of research, I could easily gather that in the past 4 years, at …

PILs Can’t Be Used As Tool To Wreck Vengeance: Karnataka HC Junks PIL Filed By Woman Who Has Several Pending Cases against Her Husband [Read Order]
6 years, 4 months ago

PILs Can’t Be Used As Tool To Wreck Vengeance: Karnataka HC Junks PIL Filed By Woman Who Has Several Pending Cases against Her Husband [Read Order]

Live Law  

“The fundamental object of public interest litigation is to enforce fundamental rights and genuine infraction of statutory provisions but not to set right the private dispute or to bring the parties to terms.”Public Interest Litigation cannot be used as a tool to wreck vengeance, the Karnataka High Court has remarked while dismissing a PIL filed by a lady who had …

State's Opposition To PILs A Fig Leaf To Cover Its Failure To Provide Social Justice : Justice Madan Lokur [Read Judgment]
6 years, 5 months ago

State's Opposition To PILs A Fig Leaf To Cover Its Failure To Provide Social Justice : Justice Madan Lokur [Read Judgment]

Live Law  

Justice Madan B Lokur made certain significant observations regarding the importance of Public Interest Litigation while issuing guidelines for prison reforms. Absence of governance due to failure of State to faithfully and sincerely implement laws, and also mis-governance by Governments were identified reasons compelling Courts to take up issues in PILs. The failure of the State to take remedial steps …

State's Opposition To PILs A Fig Leaf To Cover Its Failure To Provide Social Justice : Justice Madan Lokur [Read Judgment]
6 years, 5 months ago

State's Opposition To PILs A Fig Leaf To Cover Its Failure To Provide Social Justice : Justice Madan Lokur [Read Judgment]

Live Law  

Justice Madan B Lokur made certain significant observations regarding the importance of Public Interest Litigation while issuing guidelines for prison reforms. Absence of governance due to failure of State to faithfully and sincerely implement laws, and also mis-governance by Governments were identified reasons compelling Courts to take up issues in PILs. The failure of the State to take remedial steps …

Has PIL become 'political interest litigation', asks Supreme Court judge
6 years, 6 months ago

Has PIL become 'political interest litigation', asks Supreme Court judge

Deccan Chronicle  

Indore: Supreme Court judge Justice Arun Mishra asked on Saturday whether the Public Interest Litigation had acquired a new meaning as the "Political Interest Litigation". Lok Sabha Speaker Sumitra Mahajan, who, along with Justice Mishra, attended the foundation stone-laying ceremony for a new district court building, also expressed worry about the misuse of PILs. But today, has the PIL become …

The term ‘public interest’ is so open-ended that the fate of PILs rests on the length of My Lord’s foot
9 years, 2 months ago

The term ‘public interest’ is so open-ended that the fate of PILs rests on the length of My Lord’s foot

Firstpost  

No less significant, however, than the identity and credibility of the PIL petitioner, whether an individual or an organisation, is the attitude and approach of the court or, more specifically, the Bench that is entrusted with the responsibility of hearing and deciding PILs. by Anupam Gupta Reacting to a public interest litigation moved by Prashant Bhushan’s Centre for Public Interest …

SC asks Prashant Bhushan whether his NGO CPIL has any mechanism to verify allegations in PILs
9 years, 2 months ago

SC asks Prashant Bhushan whether his NGO CPIL has any mechanism to verify allegations in PILs

Live Law  

The illustrious NGO, the ‘Centre for Public Interest Litigation’ which enjoys enormous the credibility in Indian Courts, had to face some unconventional questions from Chief Justice of India regarding the source of information and scrutiny of it before filing the PILs.The CJI, heading a bench which was hearing a fresh PIL filed by CPIL challenging the grant of 4G spectrum …

PIL Power: How the Public Changed the Law
9 years, 11 months ago

PIL Power: How the Public Changed the Law

The Quint  

The Supreme Court verdict on Tuesday that struck down Sec 66A of the IT Act deeming it unconstitutional is a huge victory for advocates of free speech. But this is not the only case where a Public Interest Litigation has changed the law in India. So how could ordinary people, so removed from the corridors of power, reach the highest …

In public interest
14 years, 9 months ago

In public interest

The Hindu  

Justice Sarosh Homi Kapadia, the senior-most judge in the Supreme Court, succeeded Justice K.G. Justice Kapadia, who will be the first CJI born after Independence, will have a tenure of two years and four months, as Supreme Court judges retire at the age of 65. It will be of interest to examine the CJI's views on PILs in the light …

In public interest
17 years, 1 month ago

In public interest

The Hindu  

Activist judiciary: a pro bono fiduciary vis-a-vis operation public interest litigation. In Fertilizer Corporation, sitting on a Bench of the Supreme Court I made the following observations: In the Municipal Council, Ratlam, a Bench of this Court observed: : It is procedural rules, as this appeal proves, which infuse life into substantive rights, which activate them to make them effective …

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