How to File PIL
What PIL Is?
As the name suggests it is a petition which is most democratic in nature. This is a petition which one does not file for himself and it is always filed for the people of the country, area or class or for the animals, plants, environments. It is also called gift to the people of country by the Hon’ble Supreme Court of India.
A Public Interest Litigation (PIL) is a petition that can be filed by any member of the society for any cause of public interest for redressal of public wrong or injury. The personal interest Litigation shall not be filed in the garb of Public Interest Litigation. If someone has some personal issues for redressal, then there are other remedies available in the Law.
A Writ Petition may be filed by an aggrieved person(s) to seek legal remedies for violation of fundamental rights of public at large. As per the Constitution of India, the petition can be filed under Article 226 and Article 32 before a High Court or before the Supreme Court of India respectively.
It is often stated by the Hon’ble Supreme Court that the High Court is more empowered to issue directions in such petition under Article 226 of COI than the Supreme Court under Article 32 of COI. Therefore, if an issue which could be redressed by the High Court, then the parties should refrain from going to the Supreme Court as a court of first instance. There is also another benefit of this since, the person going to the High Court gets one good chance of appeal before the Supreme Court.
How to file PIL?
v Before filing a petition of Public Interest Litigation, a proper and good amount of research is to be conducted by the petitioner. Although the court where the petitioner is filed has been given ample powers to enhance the scope of the petition, still the research has been playing a vital roles since it reduces the changes of failure.
ð This includes Collection of necessary documents such as title deeds, proof of residence, identity proof, notice, resettlement policy if any, and photographs of the eviction.
ð Details of all the affected parties.
ð Details of all the responsible persons including Government Agencies against which the relief is sought and which has given rise to such a situation which enabled you to approach the court. Their failures. Their inactions. Their intentions.
ð Violation of fundamental rights.
v Then a detailed list of dates and events it to be prepared along with grounds on which the petition is filed.
v A prayer is to be prepared which is to be sought by the Court.
v In this event the person who is filing the petition either through an advocate, or through NGO working in the field or himself could file a petition for public interest.
v In the event of filing a PIL by the person himself, there are few things which are to be understood such as the format of the court where it is to be filed for which the registry of the same court could be contacted.
v Sometimes, the court are so vigilant and interested in the issue that even a letter written to the court for asking to look into some issue, could be treated as a PIL and relief can be granted.