Public Interest Litigation (PIL) is used to advance any disadvantaged group or any minority or any issue that is of public concern. Simply put, a PIL is a petition that can be filed by any individual citizen, organization, or NGO to further the cause of an issue with a larrger public interest.
A PIL is often required to be filed to address issues of broad public concern. It helpd common people give access to the judiciary to attain legal redress for a greater cause.
A PIL must cover the matter for which it is being filed, the facts of the matter, the grounds of which it is being filed, and the rights that are being violated.
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
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 Habeas Corpus OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION FOR (give the
complete prayer as per law including the relief you are seeking for)
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 Petitioner is constrained to approach this Honble Court against the illegal, arbitrary and unconstitutional conduct of the respondents who are bent upon violating and ignoring the mandate of the Constitution of India.
5. That the petitioner is filing the present writ petition in public interest. The petitioner has no personal interest in the litigation and the petition is not guided by self-gain or for gain of any other person/ institution/body and that there is no motive other than of public interest in filing the writ petition.
6. That the petitioner has based the instant writ petition from authentic information and documents obtained from various governments departments/portals applications and has determined the veracity of the same.
7. That the petition, if allowed, would benefit the citizens of this country generally as rule of law is essential for democracy and such brazen violation of law by the respondents can be stopped by the orders of this Honble Court only.
8. That the persons affected by such acts of the State are numerous and are not in a position to approach the Honble Court hence the petitioner is filing the present PIL on behalf of such affected persons. Except for the present respondents no other parties are affected by the present PIL.
9. That the petitioner undertakes to pay the costs if any imposed by the court on this petition.
10. That the Petitioner is constrained to approach this Honble Court against the illegal, arbitrary and unconstitutional conduct of the respondents.
11. That the petitioner has no personal interest in the litigation and the petition is not guided by self-gain or for gain of any other person/ institution/body and that there is no motive other than of public interest in filing the writ petition. The present petition is not guided by any professional considerations and is being filed purely in public interest as the Petitioner.
12. That the petitioner has based the instant writ petition from authentic information and documents obtained from various governments departments/portals/ RTI applications and has determined the veracity of the same.
13. That the petition, if allowed, would benefit the citizens of this country generally as rule of law is essential for democracy and such brazen violation of law by the respondents can be stopped by the orders of this Honble Court only.
14. That the persons affected by such inactivity of the State are numerous and being public at large is not in a position to approach the Honble Court hence the petitioner is filing the present PIL on behalf of such affected persons. Except for the present respondents no other parties are affected by the present PIL.
15. That the Petitioner undertakes to pay the costs, if any imposed by the Honble Court on the present PIL at any stage.
16. That the brief facts leading to the rise of the present case are enumerated hereunder:
17. That aggrieved by the aforesaid act, the Petitioner is before the Court, inter alia, following amongst the other grounds.
18. That the Petitioner has got no other alternate efficacious remedy except for the present Public Interest Petition (PIL).
19. 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 Honble Supreme Court of India.
20. 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 Honble 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 be also allowed in favour of the petitioner and against the respondent.
Petitioner
Documents required may vary from case to case, however, the following may be required:
title deeds,
proof of residence,
identity proof,
notice,
resettlement policy if any,
and photographs of the eviction,
If a PIL is filed in the High Court, then two copies of the petition have to be submitted in the court. Also, a copy of the petition has to be sent in advance to each defendant and proof of this has to be added to the PIL.
If a Public Interest Litigation (PIL) is filed in the Supreme Court, then five copies of the petition have to be submitted in the court. The copy of the PIL is sent to the respondent only when a notice is issued by the court for it.
The petitioner must take care that the matter is thoroughly investigated and all stakeholders are properly consulted before the PIL is filed.
A PIL is a complicated petition since it is filed in the larger public interest and must therefore not be taken lightly. It is important to engage the services of a civil lawyer who is better equipped to draft a PIL for you. An expert lawyer understands the legal technicalities and intricacies of court procedures and the law and will help you with filing a PIL.
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