Petitions under Article 32 of the Constitution read with Part III(B) Order XXXVIII of the Rules in the nature of public interest litigation (PIL) seeking redressed of public injury, enforcement of a public duty or vindicating interest of public nature. Under the Extra-ordinary Original Jurisdiction, a writ petition in the nature of public interest litigation can be filed in the Supreme Court.
The matters of public interest generally include:-
- bonded labour matters;
- matters of neglected children;
- exploitation of casual labourers and non-payment of wages to them;
- matters of harassment or torture of persons belonging to Scheduled Castes, Scheduled Tribes and Economically Backward Classes, either by co-villagers or by police;
- matters relating to environmental pollution, disturbance of ecological balance, drugs, food adulteration, maintenance of heritage and culture, antiques, forests and wild life;
- petitions from riot victims;
- and other matters of public importance.
A petition under Article 32 of the Constitution read with Order XXXVIII Rule 1 of the Rules for a direction or order or writ, including writs in the nature of mandamus, prohibition, quo warrant to and certiorari or any of them is filed in Form No. 32 setting out the name and description of the Petitioner(s) and respondents(s), the nature of fundamental right infringed, the relief sought and the grounds on which it is sought.
FILING PROCEDURE OF PIL:
A writ petition in public interest invoking extraordinary original jurisdiction under Article 32 of the Constitution read with Order XXXVIII Rules 1 and 12(1)(d) and (2) of the Rules shall be filed in Form No. 33 and shall disclose-
- the full name of the petitioner, his complete postal address, email address, phone number, proof regarding personal identification, occupation and annual income, PAN number and National Unique Identity Card number, if any;
- the facts constituting the cause of action;
- the nature of injury caused or likely to be caused to the public;
- the nature and extent of personal interest, if any, of the petitioner(s);
- details regarding any civil, criminal or revenue litigation, involving the petitioner or any of the Petitioners, which has or could have a legal nexus with the issue(s) involved in the public interest litigation; and
- whether the concerned Government Authority was moved for relief(s) sought in the petition and if so, with what result. It shall be accompanied by an affidavit stating that the petitioner has no personal gain, private motive or oblique reason in filing such petition.
It shall contain a statement/declaration of the petitioner that, to his knowledge, the issue raised was not dealt with or decided and that a similar or identical petition was not filed earlier by the petitioner or 68by any other person and in case such an issue was dealt with or a similar or identical petition was filed earlier, its status and the result thereof.
Our founding partner Mr. A.K. Singh Advocate who is well known Supreme Court lawyer has been involved in various PIL matters related to corruption, poverty, communal violence etc. of general public importance.
