How to File a Writ Petition or PIL Writ Petition.

Author

Sandeep Jalan (BCom, LLB)

Janhit Manch, Kuber Bhuvan,

Bajaj Road,

Vile parle West,

Mumbai 400056.

Email- legallyspeaking.jalan@gmail.com, sundeep_jalan@yahoo.co.in

INTRODUCTION

Likely Subject Matters of WRIT/PIL

Types of Writ Petitions

Locus

JURISDICTION OF COURTS

Shortcomings of Present PIL functioning:

NOTES

PROCEDURE for filing Petition in the Court

Model Format of Petition

INTRODUCTION

At the outset and very quickly, Systems do not work on its own in our country, one has to make it work, I am eager say.

The Courts are most powerful institution in our country, they micro manages our lives.

Efficient delivery of Justice System is one of the Sovereign function of any Country and India is no exception. What we mean by Sovereign function is simply that nature of the function is Primary and of foremost concern of any Govt. The function which is the prerogative of the State and cannot be delegated to private bodies.

The post Independence era shows that most of the laws inherited from British Rule that had colonial exploitation as their basis, were left untouched. The present judicial system indeed so inherited largely left intact.

The problem with Judicial system begin with the lack of access to the system for the weak and poor, partly because of the procedurally complex nature of the system which can only be accessed through Lawyers who are simply beyond the reach of common man. Moreover, those who can afford access to the system bear the brunt of lethargical functioning of the system.

The Judiciary enjoys enormous power without accountability. The scale at which human rights are violated today is perhaps much more than in the colonial era. Reasonable dignified life of every human being is a myth where rights are eroded every moment as I write and you read.

The system need to be cleared of procedural complexities so that it can be accessed by common man without professional Lawyers who have become a part of exploitative present Judicial system.

Until the present institution-centric model give way to a people-centric model, we the people are constrained to obey the present model of justice delivery.

One can visit website of Campaign for Judicial Accountability and Reforms for Judicial Reform initiatives undertaken.

The immediate idea of making this draft is to equip and arm every common man with little knowledge of redressal machinery available in High Courts, who in the time of victimization may raise his voice. The idea behind making of this Writ/ PIL draft and guidelines so that a lawyers’ help may not be necessary while approaching Law Courts and Justice may be obtained within reasonable time.

The idea of making of this draft is to reinforce to the people that we are the masters and how the Citizens can demand accountability from various governmental/ judicial functionaries.

Just about to give a rough idea about the most basic question. What is meant by Laws. The answers is, Common good of society and also of individuals has a second name called Law.

A Law or a by law or a Rule or a notification or circular devoid of this become suspect.

Laws in a civil Society come to facilitate, sustain and promote human welfare and not here to trap innocent ignorants. Yet, Ordinary prudence and common sense should take march over letter of the law.

In a Parliamentary democracy as of ours where Laws represents the wishes and desires of the masses it is fundamentally wrong to say that laws are enforced on people. Yet any Rule or Law which annoys or create terror in the minds of people at large, the Rule or Law becomes suspect and becomes vulnerable to challenge.

The basis or foundation of every law or every rule is the greatest good of the greatest number of people.

Yet, Life, liberty and dignity of a human being is not at mercy of existence or non existence of enacted laws.

It is also important to understand basic difference between a Writ Petition and PIL Writ Petition. A Writ means an authoritative direction given by the Court to Govt or its agency to do something or to refrain from doing something.

Whenever a person directly affected by any illegal action or lawful inaction of Public Officials, he may approach the High Court/Supreme Court for issue of appropriate Writ. However a person may approach the High Court/Supreme Court for issue of appropriate Writ in the larger public interest even when he is directly not affected by Public Officials action or inaction. I hope the difference between the two is clear.

In India, the contemporary democratic set up and functional relationship between (the State organs comprising the Legislature i.e. The MPs & MLAs, The Executives i.e. Govt which acts as an Agent between the People and its Representatives, and the Judiciary, the watch dog of the Rights of the People) is such that the People choose their Representatives and authorize them to make laws and govern them thru Govt.

The Representatives in turn make laws for the welfare of the people and appoint agent in the name of Govt to implement the laws made by them. The role of the Judiciary is to ensure that the laws made by the Legislatures are implemented by the Govt in letter and spirit.

It is not open to any organ of the State i.e. the Govt or the Judiciary or even the Legislatures to deviate from the letter of the law established except in cases where the law itself is manifestly arbitrary and absurd.

The Writ Petition is kind of a remedy given to people of India for enforcement of his/her rights against the Govt and its various agencies.

It must be stated that one doesn’t need to have knowledge of Letter of the Law to approach Law Courts. In PILs it is suffice if one reach the Court with good intention in public interest where the issue involves directly or indirectly substantially affects the society at large or section of the society.

It is always desirable that one should not show haste in approaching Courts and sincere efforts should be made to explore alternate remedies provided under law and to get things done from Public Auth itself. Yet it is not permissible that one can knock the doors of Court as when he so wishes. Matter should be brought before the Court in most reasonable time.

It is seen that the Govts, municipalities, time and again come out with Policies, schemes and projects which ordinarily are unwarranted and the benefits of which is difficult to measure and which serve the interests of Corporate Houses and multinational companies.

I am talking about proposed introduction of Sex education in schools to control spread of Aids.

I am talking about Govt’s free distribution of condoms and installations of Condom vending machines so that people can have safe sex though that may perpetuate illegality and immorality in the society.

I am talking about Sethu Samudram project which in fact does not involve building up of any Sethu but breaking of one.

I am talking about MPLAD (MP Local Area Development Fund) Fund which legitimizes the indifferent and inefficient municipal bodies.

I am talking about Rs.72000 Crores of loan waivers for farmers.

I am talking about JNNURM which again legitimizes the self creating bankruptcies of our municipal bodies.

The bonanza given under SEZ.

I am talking about partial ban on plastic bags which supposedly choke drains which ultimately cause flooding. This legitimizes the negligent municipal bodies that are unable to cover up and clean drains.

The list is indicative. Right to Information comes to aid in obtaining relevant info from authorities.

By and large, any illegal or any absurd, or any arbitrary decision, or arbitrary framing of rule or law, by Govt or by any public authority, is the outcome of the arbitrary procedure followed in reaching to that decision. Therefore, as far as possible, not the arbitrary decision but the mode of reaching that decision should be challenged. There are Rules and or set guidelines that are to be followed while deciding or framing any rule or law or taking any decision.

Hon Justice Krishna Iyer and Hon Justice P N Bhagwati marked the beginning of PIL in India in the year 1980.

Some of the important earliest PIL cases include-

1) Ratlam Municipality Case involving obligation of Municipal Corporation towards Citizens.

2) Bandhua Mukti Morcha Case regarding rights of quarry workers.

3) Asiad Workers Case regarding minimum wages of migrant labourers employed by Govt for construction purposes.

4) Case of Charles Shobhraj and Sunil Batra regarding torture in prison.

5) Case of 29000 undertrials prisoners languishing in prison of Bihar.

Time and again our Courts have taken judicial notice of mere letters and Telegrams received from concerned citizens and converted into PILs.

The Courts have power to grant compensation in appropriate cases involving gross and palpable violation of human rights. Even in deserving cases the Court may award Cost to Petitioners and at the same time may impose fine on Petitioners for misusing this Writ Jurisdiction of the Court.

In the light of observations so made by the Hon.Justice P.N. Bhagwati in Bahdhua Mukti Morcha, “…matters of larger public interest that come before Supreme Court and High Courts really speaking are not adversary in nature” The Author regard the word PIL as a misnomer.

The very word “Litigation” in matters of Public interest creates a climate of conflict between the parties whose interests and objectives in fact are common. Neither party is loser in these kinds of cases.

I thus say that they should not be referred as Public Interest “Litigation”, instead they may be referred as Public Interest Matters.

The fact that process of Court is too complex for common man to understand easily, I am of strong view that whoever in time of extreme situations of life and death or where dignity of life being shattered by illegal action or legal inaction of any public official should directly approach the Chief Justice of High Court or before any Judge of any Court and should air his/her grievances across. The victim may approach Chief Justice of High Court at 11.00 am when Court proceedings began OR at 3.00 pm when Court proceedings resume after Lunch OR at 5.00 pm when Court Proceedings end for the day.

Likely Subject Matters of WRIT/PIL

For Strict Observance of Established Laws by Govt and its various instrumentalities( Public Officials not doing their duties, or doing which is not permissible) ; [Pls check note 2] [Pls Check Locus pt.2,4,8]

For Preventing/ challenging Govt and its instrumentalities from/ for making absurd or arbitrary Rules/ decisions;

For preventing / challenging Policies, schemes and projects which ordinarily are unwarranted, self impoverishing, fanciful, and serve the interests of Corporate Houses and multinational giants. [Pls check note 4]

For Preventing/ challenging Govt and its instrumentalities for misappropriation of Tax payers’ hard earned money; [Pls check note 3(4)(5) ] [Pls check Locus pt.3]

For Preventing/ challenging Govt and its instrumentalities from/ for gifting away Public Property to Private entities in the name of public Purposes; [Pls check note 3(4)(5) ] [Pls check Locus pt.3]

For Making Govt and its instrumentalities to strictly follow established Procedures while making rules and making Public Office appointments. [Pls check note 2]

For All matters concerning life and dignity of every human being like for eg, matters relating to welfare of Childrens, Police atrocities, environmental issues, River pollution, Air Pollution, Nuisance of any kind which positively disturb the enjoyment of life; Cruelty to animals; disregard of disabled or handicapped people, Rehabilitation of displaced people, illegal detention, maintenance of Law and Order, atrocities against SCs/STs, speedy trial of undertrials and so on.

For implementation of Reports of various Commissions and Committees like Reports of Law Commissions, Malimath Committee and so on and so forth. ( Pls see note 8, para of Ratlam Municipality vs Vardichand and others, AIR Supreme Court, 1980, October, paras 16, 24) ( Pls note on Rules of accountability) ( Pls see note on judicial encroachment on executive field)

It is important to state here that many PILs were filed in the past on social issues stated above in point 7 and comprehensive directions were also given by the Courts. I am of view that instead of filing a fresh PIL, a brief research should be made as about previous litigation on similar subject and directions of the Court. If the relief you are looking from the Courts have already given in a previous PIL but has not complied with, than PIL can only be filed for implementation of Court Orders and no other deliberations should be made; if necessary invoke contempt Jurisdiction of the Court against the Public Auth for not complying with directions of the Court.

There are five types of Writ Petitions can be made to High Courts and to Supreme Court.

Filing Writ Petitions means seeking directions from the Constitutional Courts i.e. High Courts and Supreme Courts to Govt, Central or State, and various other Public Authorities. Petitions can be filed Online to the Supreme Court.

They are-

1) Writ of Habeas Corpus: to seek release of a person from unlawful detention, whether by Police or by any private person.

2) Writ of Mandamus: to seek direction to the Govt/ other public authorities, to do some act or to refrain from doing some acts.

3) Writ of Certiorari: to seek quashing of Orders passed by Lower Court who has refused to exercised the Jurisdiction vested in it, or who has acted where he has no Jurisdiction to pass Orders, or who has prima facie abused the Jurisdiction vested in it by passing Orders without following principles of natural justice and whose orders violate any law or violate fundamental rights of the litigant.

4) Writ of Prohibition: to seek direction preventing Lower court from passing Orders where he has no Jurisdiction to pass Orders, or who is prima facie abusing the Jurisdiction vested in it by passing Orders without following principles of natural justice and whose orders will prima facie violate law or violate fundamental rights of the litigant.

5) Writ of Quo Warranto: to seek removal of a Public servant who is unlawfully or disqualified and yet occupying a Public office. [pls check Locus pt.5]

Locus Right of a Citizen Petitioner as aggrieved to approach Courts in PILs.

Many of the points in Locus has obtained from exhaustive and tireless deliberation made by one of the most respected Parliamentarian Shri Arun Shorie in landmark Kamla case in the 1980s. Incorporate points as applicable to one’s case.

1) In the light of eternal words of Preamble of Constitution of India, for being giver of Constitution of India;

In the light of fundamental right of Freedom to speech and expression read with fundamental duties enshrined in Article 51A, Locus of a Citizen of India in matters apparently in the nature of Public interest is fairly established. (Pls check note 12)

2) It is recognized that Acts are legislated to be implemented and therefore, that, in case the specific mode prescribed in the Act proves insufficient, citizens can approach the Courts to ensure the fulfillment of legislative intent.

3) In N.N. Chakravarty Vs. Corporation of Calcutta (AIR Calcutta 1960, p. 102 at p. 112) it was held that a tax payer has a right to control deliberations of the Corporation as “meetings of the Corporation must necessarily cost money in establishment expenses, the cost of printing, the cost of correspondence and in various other ways. Apart from this,” the Court held, “the waste of time involved necessarily causes financial loss to the Corporation indirectly.” As the petitioner was a tax payer it was his money that was being wasted. Accordingly, he had a right to move the Court.

Similarly, in Vardarajan vs. Salem Municipality, (AIR, 1973, Madras, p. 55) it was held that a tax payer could challenge the decision of the municipality to erect a statue even when this was being donated out of private funds as, once erected, the statue would have to be maintained and thus the taxes collected from the rate payer would in some part be used for the purpose.

4) Courts have recognized that in several circumstances, while the responsibility of moving the Courts is that of the State, the State may not be inclined to initiate action and that in such cases, the general rule as well as specific provisions of laws apart, third parties must be given an opportunity to initiate corrective action. In criminal cases, for instance, the general position is that as crime injures all of society the State alone on behalf of all is to be the master of prosecution.

But, to cite just one instance, in PSR Sadanand vs Arunachalam (AIR, Vol. 67, June 1980, 856) a five judge bench of this Hon’ble Court recognised that for various reasons the State may not pursue a criminal case as it should and that, therefore, a private party should be allowed to initiate and pursue a criminal case where allowing it to do so will be in the public interest, where the State has not pursued a case for reasons which do not bear on the public interest but are prompted by private influence, mala fides and other extraneous considerations (see, ibid, paras 14 and 26).

5) In Karkare vs. Shavde (AIR, Nagpur, 1952, p. 330), Masehullah vs Abdul Rehman (AIR, Allahabad, 1953 p. 193) etc. Courts have held that any private citizen can file a petition of quo warranto to challenge the appointment of a public official even though his personal rights are not directly affected.

6) The fact that our stake is shared by thousands does not, as Lord Denning has observed (QB, 1973, I. at p. 649), dilute our, interest in the matter.

7) Finally, it isn’t just that the petitioners are qualified as well as duty bound to do so, the Hon’ble Court itself is, I most humbly submit for your Lordships’ consideration, in a sense duty bound to hear us. For the Honourable judges, even though holding the high office of judges, are still citizens and are thereby, like the petitioners themselves, bound by Article 51A that prescribes the Fundamental Duties of each citizen of India. They too must do all they can-and at a minimum this includes what is within their immediate and unqualified power to do, that is to hear other citizens who bring facts that have a bearing on the matter to their notice-to abide by and respect the ideals of the Constitution.

8) The order embodied in the Constitution and various laws framed under it is the concern of every citizen as a breakdown of that order shell jeopardize our existence as a free and cohesive society and this injure every citizen. This stake in the order is sufficient to provide standing to a citizen to draw the attention of Courts to developments that endanger that order.

Violation of the Constitution and of laws, including the non-enforcement of their provisions, endangers the order embodied in them and so becomes a fit subject on which a citizen may move the Courts.

Laws are not passed merely for being passed but for being implemented. The mere fact that an objective has been embodied in the Constitution or a law itself indicates that the Constituent Assembly and the relevant legislature wanted it to be achieved. The Courts thus have a direct interest in ensuring that the objectives are realized and citizens have the right as well as duty to approach the Courts to ensure that everything necessary is done to see that the objectives so embodied are achieved. Where officers of the State who have been charged in the first instance with the responsibility to implement the laws fail to do so, citizens have the right and duty to approach the Courts to ensure implementation and the Courts have a right and a duty to hear them.

In Nabaghan vs Sadananda (AIR, 1972, Orissa, p. 188) members of the general public who worship or who have the right to worship the deity (and in view of our laws this must automatically include everyone) were recognised as persons who had a sufficient interest in the appointment of trustees and the proper management of the temple’s or estate’s affairs.

I recall the repeated affirmations by the Courts (e.g. in K.R. Shenoy vs Udipi Municipality, op cit, or Ratlam Municipality vs Vardichand and others, op cit.) that it is the duty of Courts to ensure that public bodies and public officials perform their statutory duties and that citizens have a right to move the Courts to ensure compliance by officials.

“The nature of the judicial process is not purely adjudicatory nor is it functionally that of an umpire only. Affirmative action to make the remedy effective is of the essence of the right which otherwise becomes sterile. … The law will relentlessly be enforced and the plea of poor finance will be poor alibi when people in misery cry for justice. The dynamics of the judicial process has a new ‘enforcement’ dimension, not merely through some provisions of the Cr.P.C…. but also through activated tort consciousness. The officers in charge and even the elected representatives will have to face the penalty of the law if what the Court and follow up legislation direct them to do is defied or decried wrongfully. The wages of violation are punishment, corporate and personal…” (Ratlam Municipality vs Vardichand and others, AIR Supreme Court, 1980, October, paras 16, 24).

Correspondingly the Courts must weigh the extent to which a citizen or a group of citizens not directly affected but motivated by the public interest is willing and able to do the homework necessary to assist the Courts and this ability and willingness to do the requisite homework must be an important requirement as well as an important criterion to afford standing to those who want to intervene in the public interest.

The Courts are today one of the few forums left in which rational discourse is still possible. Should they not have the opportunity to salvage what can still be salvaged, the opportunity to further the public weal?

A case such as this falls squarely within the ambit of these rulings.

Former Chief Justice K. Subba Rao in an article on the two judgments Golaknath and Kesavananda Bharati, expressed the view:

“The existence of a remote judicial control may only act as a brake against hasty and unreasonable legislative and executive action and as a form of guarantee to the public against instability. The stability of the Constitution stabilizes the State.

The question is not whether we should repose faith in the Courts but whether or not it is the duty of the Courts to ensure that provisions of the Constitution and the laws are implemented.

One of the major problem with the State and its instrumentalities is that they, ordinarily do not lend its ears to the voice of common man and Courts sometimes did listen to him.

If a plaintiff with a good case is turned away merely because he is not sufficiently affected personally, that means that some government agency is left free to violate the law.

Courts tend to take the position that if on merits the matter is worth considering it should not be turned down merely on some technicalities regarding standing.

The criteria for judging the intrinsic importance of an issue must be the gravity and the generality of the eventual cumulative effects of the act of negligence, not the personal, direct, immediate effects and citizens who have a special concern for or who are specially equipped to alert the Courts about the eventual effects must be given the opportunity to bring facts to the attention of the Courts in the public interest.

It is indeed in that we are less likely to and less organised to take up or sustain long legal battles in the interests of others. A case in India is certain to take much, much longer than in a country like the US or Canada and thus the number who will stay the course-even if the commitment and resourcefulness were identical-is liable to be much smaller. Moreover, few will take advantage of liberal precedents like M.V. Dabholkar (op. cit.) or Sadhanantham (op. cit.) simply because few will hear of them. Finally, taking up cases in the public interest is much more likely to invite reprisal and harassment from the State and predators in India than in Western democracies.

JURISDICTION OF COURTS implies Authority of Courts to hear certain matters and give definitive Judgment. By and large Locus and Jurisdiction are co related.

High Courts has under Article 226 of Constitution of India and Supreme Court has under Article 32 of Constitution of India, has powers and obligations to issue Writ(directions) to the Govt/any Public Auth.

In the light of proposition that we live in a democracy “Ruled By Law”

Whenever there is disregard of established laws ;
Whenever there is formulation of arbitrary law, however made by the due process of law ;
Whenever there is formulation of laws made, by not following the due process of law;
Whenever there is any arbitrary act of State, however colored in the due process of law ;
Whenever there is any arbitrary act of State, by not following the due process of law;
Whenever there is any misappropriation of Public money, or where there is unlawful loss of Public money, or where there is appropriation of Public Property by not following the due process of law resulting in loss of Public revenue ;
Whenever there is any danger to life and liberty of a man ; Whenever there is prima facie violation of any provision of the Constitution of India ;

Shortcomings of Present PIL functioning:

1) Despite the Petitioner make out a water tight case, the Respondent Govt comes out with strange, novel and fancy arguments. The case is hence drag on for years. The issue which needs immediate attention and need to be resolved at war footing are put in Cold storage. [Pls check notes 5a, 17]

2) Given the understanding, the civil society instead of approaching Law courts, prefer to protest for the simple reason that the Courts have rendered themselves incapable of giving speedy justice. Instances are not wanting where the Govt play mischief with Court orders. [Pls check notes 5a, 17]

3) Sometime Counsels trip Petitioners on mere technicalities and or novel and fancy questions. Sometimes Judges refuses to give reliefs on apprehension that it will amount to encroaching upon province of Executives i.e. Govt and its agencies. [Pls check notes 5b]

NOTES

Written/ Verbal Submissions may be incorporated in the Petition as the facts of the case so demand.

[1]Introductory Declaration/ Statement :

The Petitioners are in no mood of litigation with his own Govt. for it involves merely allegations and denials and further allegations and further denials, resulting in toll of valuable time of the Court and having regard to the fact that PILs drag on for years, for one reason or the other, invariably, the very object of approaching the law courts gets defeated.

Taking a cue from observations so made by former Hon Justice Bhagwati and Krishna Iyer, the Petitioner with Mahatma in mind, invoke the Jurisdiction of this Court, not to litigate with his own Govt, but to make Satya Kaa Aagraha.

[2] Likely Matters of WRIT/PIL –

1) For Strict Observance of Established Laws by Govt and its various instrumentalities;

In the present Constitutional democratic set up we all Indians live in, the Laws made and passed by the Parliament and the State Legislatures represents the wishes and ambitions of we the people of India.

All laws of any nature, whether Prohibitive or Regulatory or laws conferring Rights and Privileges, has only one objective to serve and that is creation of a better environment for everyone, individually and collectively, in an ever evolving society.

In cases, the letter of the law may appears to be unwarranted or as futile but it must be remembered that the letter so exist is the collective wisdom of the Representatives of the people.

All Statutes or Laws so made and passed by Legislatures is to remedy the ill that has plagued the society.

All Statutes comes into being with some policy and objective to be achieved.

Every statutory provision in a Statute comes into being after due deliberation and every letter of the law is employed with great caution and care; and with some purpose.

It is even not open to the Judges of the Supreme Court and the High Courts to act or give judgments in deviation from established laws.

It may be beyond one’s wisdom to anticipate nor it is necessary for one to outline the consequences that may occasion due to patent violation of a statutory provision, for the consequences have already been deliberated at the time of passing of the statutory provision. It is suffice if one merely seeks the bare observance of the letter of the law in the spirit inherent in the letter of the law and preamble of the Statute.

It is simply not permissible to act contrary to the established laws on the pretext of some beneficial advantage that may accrue.

As everyone says that we live in a Rule of Law society. What we really mean by Rule of Law is that the Law which is established must be observed in all the circumstances except in cases where the Law itself is absurd and or arbitrary.

The present case is a demonstrative and living example of how a responsible…., are acting plainly in complete contravention of established laws.

The Office bearers of XXX are consciously indulging in illegality thereby disregard and undermine the Wisdom and Authority of Indian Parliament; and their act constitutes the constructive contempt of the Indian Judiciary.

The bare act of XXX frustrates the foundation of Rule of Law society. Their act creates an impression in the societal people that the established laws may be disregarded at one’s whims and fancies. The conscious neglect of established laws will occasion where the societal people will further lose respect for the laws.

Every letter of the Law must be observed with due respect, unless the same is declared by the competent Court of Jurisdiction as manifestly arbitrary and or absurd.

The Offenders of Law should not be lightly interfered with. The Office bearers of XXX must be subject to the law of the land like any other offender of law.

[3] Likely Matters of WRIT/PIL

For Preventing/ challenging Govt and its instrumentalities for misappropriation of Tax payers’ hard earned money;
For Preventing/ challenging Govt and its instrumentalities from/ for gifting away Public Property to Private entities in the name of public Purposes;

Yet, forms of accountability may differ but the basic idea remains the same that the holders of High Political Office having access to State Purse must be able publicly justify their exercise of power not only as legally valid but also socially wise just and reasonable, chiefly designed to add something more to the quality of life of the people. Every Legislative, Executive and Judicial exercise of Power must therefore depend on this ideal for its validity.

It is seen that in the colour of generating huge employment, fertile agricultural lands are acquired for industrial production. Not only the lands are acquired by spending Tax Payers’ money, they are nearly gifted to Private entities ostensibly for public purposes. Again, special Tax breaks are doled out at the cost of State exchequer, again in the name of public interest.

This is pure deceiving.

As a matter of fact, Agri sector generate employment more than the all sectors of India putting together.

Then what is this GREAT Public interests or Public Purposes.

Given the understanding, whenever in the name of Public interest-
1. The Govt spend Taxpayers money for acquiring private land for private entities; or
2. The Govt throw away Public land to private entities; or
3. The Govt dole out Special Tax breaks to a body corporate….

the benefits accrued to the Public-
must be palpable,
must be striking to the eyes,
must be capable of quantified,….

And thus obviously the benefits must grossly outweigh the money so spent on acquisitions or on the throwing away of public land or doling out of Tax breaks.

[4] Likely Subject Matters of WRIT/PIL

For preventing / challenging Policies, schemes and projects which ordinarily are unwarranted, self impoverishing, fanciful, and serve the interests of Corporate Houses and multinational giants and which mainly involve huge public money.

Following Question may be raised before the Court asking Respondents to answer the same.

What are Constitutional and Statutory power of the Central/State Govt/Municipality to introduce above project/scheme.

Name of the Committee or name of the person/persons who introduced or proposed this Project/ scheme. In which year it was conceived.

Name of the Experts who were consulted on this project/scheme. What are the apprehensions/objections raised by these experts and detail about how the Govt/Municipality met with those apprehensions/objections
What other alternative options available and explored to attain the objectives set out in the project/scheme.
What necessitated the conceiving of the project/scheme. What is the chief objective of conceiving?

Name of the Experts whose names forms part of the Govt.record.

Is it obligatory for the State to obtain opinions/objections from the Public for the above project/scheme. If yes, whether any of opinions/objections sought. Specific details of opinion and objections if any received.

Whether Legal opinion has obtained from Law & Juduciary Dept or any other relevant Dept before introducing this project/scheme/ law/rule.

[5] Shortcomings of Present PIL functioning:

a) For Point No 1 & 2

Before proceed to pass any Orders, this Hon Court may please foresee the consequences that may ensue for not granting the relief; and also foresee the developments that may take place, if they conclude to grant relief.

The Petitioners has to the best of their knowledge, ability and belief made out a prima facie case for the relief sought hereinbefore.

The Petitioners states that every word has been employed here with great caution and care duly acknowledging weigh of the word in the context.

The facts stated are self explanatory and self evident and the rights claimed, by way of relief and prayers, are unambiguous and not unlawful.

The State should file an affidavit stating that they have no solution for this problem.

The Hon Court should ensure that the Respondent make a diligent reply. The Hon Court may in its discretion deem criminal contempt of the Court if Respondents are found making unreasonable excuses in filing replies in pursuant to Court Orders. [Section 2(c) (ii)(iii) ]

By affording a reasonable opportunity of being heard to the Respondents to have their say but only by written submissions, in a time bound manner, the Petitioner respectfully prays Hon. Court to proceed to pass plain Orders on the basis of facts stated, rights claimed and submissions of the Respondents, if any. In the event the Respondents didn’t come out with any submission in a scheduled time frame, it should be deemed as they have nothing to say and the Hon.Court has the powers to pass Orders ex parte.

The Petitioners states that by no stretch of imagination it can be said that the rights/reliefs claimed are unconstitutional or the rights/relief claimed are unwarranted or the rights claimed are unjustified. Yet, the Hon.Court may think otherwise and may deny the rights/reliefs so claimed and in that event the Hon.Court may please be so generous to incorporate in its order, plain reasons for denying the rights/relief claimed. The Petitioners most respectfully seek not the bare remark of the Court but the reason on account of which it deemed fit to refuse the reliefs sought.

With significant legitimacy, intelligent propositions may be put forth to deny relief claimed, yet, in the light of likely benefits that shall accrue, there is more wisdom to grant reliefs as would advance people interest.

However this social order is complex and deep rooted, yet that cannot be a ground to shy away. And perhaps this is for what govt exists.

In every exercise of discretion, reasons are to be recorded while reaching to a particular decision, so that rule of man does not take march over rule of law.

Yet, forms of accountability may differ but the basic idea remains the same that the holders of Public Office must be able publicly justify their exercise of power not only as legally valid but also socially wise just and reasonable, chiefly designed to add something more to the quality of life of the people.

Thus, Every Judge while interpreting laws and making Orders, every Minister while spending public money or while giving Tax breaks or while handing over Public property to private bodies, should make a note as to how the Order/ decision reached will benefit people or society at large.

The Order of this Hon Court may set the things in order and may prevent the things to reoccur and refusal to intervene may surely allow things to reoccur.

Though it is true that this Hon court has the practice of conversing with big names in big issues, and it may appear that this tiny petitioner is asking too much…nevertheless, legitimate and just reliefs. The Petitioner is conscious of the fact that he being an ordinary citizen seeking astronomical reliefs. The Petitioner may also be accused of being ignorant on the complexities involved in the issue so raised. The Petitioner is only conscious of the fact that human life is precious, and believe that it pains when hungry and it is shivering merely at the thought of being rendered homeless.

In a world where gigantic scientific and phenomenal technological achievements command our administration it is no wisdom to say that we lack intelligence to resolve any problem.

The Sovereign Govt is a worthy institution capable of solving all ills, if they desire so. The Govts should not underestimate their capabilities for they are Sovereign. There is nothing which they cannot do. Like Govts of all developed nations, our govt with all their constitutional, statutory, inherent and coherent powers, it is well within their powers to address any issue. It can be said with near certainty that there is nothing which our Govt cannot do.

The Hon. Court is most respectfully prayed and Your Lordship will appreciate, to pass final Orders within two months from the date of filing this Rejoinder and thus kindle the enthusiasm and create an environment where Public spirited citizens come forward before the court for the suffering humanity.

In the backdrop of, Many a times conclusive orders of the court are not complied with; and Time and again even courts have shown their inability to monitor implementation of their Orders, The Hon Court while passing Orders, interim or final may direct –

“Appellant/Respondents Govt/ Public Authority to update their website about Court’s directions so given and action taken in pursuant thereof;

As long as the Appellant’s/ Respondent’s website doesn’t show up details of action taken, non compliance of Court Orders can and should safely be presumed and be alleged.”

The Petitioners most respectfully states and your Lordship will appreciate that by not adopting a course of action stated hereinbefore would in effect consign national ills to continue and grow.

The Petitioners are inclined to state and your Lordship will appreciate that quick fire judgment of this court shall develop organized faith of the people in this institution. I respectfully hope that the Hon’ble Court shall give a definitive and conclusive Order in this matter.

The Last word…Every structured judgment of this court is a social event.

b) For point no.3: Even Govt Counsel/ sometimes Judges trip Petitioners on mere technicalities and novel and fancy questions.

A procedural law is always in aid of justice, not in contradiction or to defeat the very object which is sought to be achieved. [ Saiyad Mohd. V Abdulhabib, (1988) 4 SCC 343.]

A Party cannot be refused just relief merely because of some mistake, negligence, inadvertence or even infraction of the rules of procedure. The Rules of Procedure are intended to be a handmaid to the Administration of Justice and they must therefore be construed liberally and in such manner as to render the enforcement of substantive rights effective. . [Ram Manohar Lal Vs NBM Supply, AIR 1969.]

On the question of Jurisdiction, one must always have regard to the substance of the matter and not to the form of the Suit. [Bank of Baroda V Motibhai, AIR 1985.]

Common sense should not be kept in the cold storage when pleadings are construed. Parties win or lose on substantial questions, not on technical tortures and Courts cannot be “abettors”.[ Noronha V Prem Kumari, AIR 1980.]

We cannot be oblivious of facts of life, namely the parties in Courts are mostly ignorant and illiterate, unversed in Law. Sometimes there Counsels are also inexperienced and not properly equipped, and the Court should endeavor to ascertain the truth to do justice to the parties. [ Pahali Raut V Khulana Bewa, AIR 1985.]

Justice Sethi stated, “In a Country like Ours where people consider Judges only second to God, efforts be made to strengthen that belief. [ Anil Rai V St Of Bihar, AIR 2001.]

Every venial defect or error not going to the root of the matter cannot be allowed to defeat justice or afford an excuse to the Govt or a public officer to deny just claim. [Jones V Nicholls, (1844) 13 M & W 361.]

[6] Whenever a Petition is filed on a subject matter, which has already been deliberated upon and the directions had been given for compliance but Respondents have not paid heed to orders of the Court, the Petitions can safely be said to be unwarranted and avoidable, the Petition can safely be said to be causing loss of precious time of the Court, though at the instance of the Respondents.

It is safe to allege that many of the Court Orders, concerning matter of utmost public importance, do not see light of the day.

The State Organs either simply put the Orders in the Shelf or come out with novel arguments for their failure in complying with Court Orders. It is safe to say that the Sovereign State with their Constitutional, Statutory and inherent powers, are capable of complying with Court orders. Also, the Hon.Court never compel the doing of an impossibility.

Instances are not wanting where people are constrained to knock the doors of Justice in cases where the issues which has already caught the attention of the court, deliberated upon and conclusive Orders has been passed but are not complied with.

Had the Respondents acted diligently, reasonably and responsibly, the Petitioners shall not have the occasion to knock the doors of Justice.

PLAIN CONSEQUENCES

The Judges are constrained to engage themselves in unwarranted litigations resulting in contentious and meritous issues fails to log the wisdom of the judges.
We live in a time where millions of cases are pending in various Courts where deserving litigants may be waiting for their turn to obtain justice.
The loss of precious time of the Court.
The whole labour involved in Petitioning to deliberation comes to none when Wisdom of the Judges, read Conclusive Orders, do not see light of the day.

Litigations seeking reliefs on issues which has already been heard, deliberated upon and conclusive orders been passed, should reach the Court but at the peril of the Respondents. The above Respondents must be subject to exemplary fines for causing waste of precious time of the Court and for their willful disregard and disobedience of the Court’s Order; for their act which tends to belittle, to degrade or to obstruct, interrupt, prevent or embarrass the administration of justice. Obviously Respondents have to pay the same from their own pocket. It is safe to say that no absurdity shall occasion if Respondents are placed at par with the Petitioners.

[7] It has become the practice of Govt and its instrumentalities to undermine the evidential value of News Reports and Courts has concurred in many of occasions.

Argument—In the light of section 81 of Indian Evidence Act which regard that News Report shall be presumed as Evidence; and The Press and registration of Books Act which cast a positive obligation on Editors of Publishers for content of News Reports, the Petitioners states that the Hon Courts has not in anyway undermined the efficacy of news report in evidential jurisprudence. The Hon Court has restricted news report applicability only in criminal cases where the guilt of the accused has to be proved beyond reasonable doubt. The Hon Court said, the liberty of a man cannot be jeopardized on mere news reports unless substantiated.

If necessary, make Editor of the Newspaper as one of the Respondents and ask them to substantiate content of their news report.

[8] Many a times it is seen that Judges pass Orders without incorporating reasoning on the basis of which they reached to such decisions. –

A Judgment/ Order must be a self contained document from which it should appear as to what were the facts of the case and what was the controversy which was tried to be settled by the Court. The process of reasoning by which Court came to a particular conclusion and decreed or dismissed the suit should clearly be reflected in the Judgment/Order. [ Balraj Taneja V Sunil Madan, AIR 1999.]

The Hon SC strongly objected to the practice of High Courts passing final orders without reasoned judgments. [St of Punjab V Jagdev Singh Talwandi, AIR 1984.]

[9] Many a times it is seen that Judges are apprehensive about giving reliefs sought if PILs on the ground that it will amount to encroaching upon province of Executives i.e. Govt and its agencies. —

Argument– The Petitioner concur with Constitutional courts in exercising restraint to ensure that they do not encroach upon the province of Executives and legislatures. Having said so, nevertheless, this court is duty bound to see that , by and large, safety and security of people are ensured. It may be beyond powers of Courts to suggest measures for any problem, yet this Court may direct State to record reasons as to why recommendations made by various Committees and Commissions manned by experts should not be accepted and implemented.

[10] Many a times it is seen that Govt take advantages of its own failures i.e. they are short of Staff and many other fancy submissions.

Arguement — Can I be absolved of paying my restaurant bill raised in pursuant of consumption of food ordered? Can I plea that I may not pay bill for I have misplaced it. By pleading so, am I not taking advantage of my own wrong?

[11] Cases involving interpretation of Statutory Provisions:

In the field of Interpretation of Statutes, the Court always presume that the legislature inserted part of it with a purpose and the legislative intention is that every part of the statute should have effect. [ Sankar Ram & Co. V Kasi Naikar, (2003) 11 SCC 699]

When the words are capable of giving a plain meaning, it is said that the Courts should not busy themselves with supposed intention or with the policy underlying the Statute. [Pakala NArayaanaswamy V Emperor, AIR 1939 PC 47]; Justice Gajendragadkar in Gurmej Singh V Pratap Singh Kairon, AIR 1960.]

In the words of Justice Ramaswamy, “the Purpose of interpretation is to sustain the law. The Courts must interpret the words or the language of the Statute to promote public good and to interdict misuse of power. [ Aslam babalal Desai V St of Maharashtra(1992) 4 SCC 272]

[Note 12.]

THE CONSTITUTION OF INDIA

Preamble

WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a [SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC] and to secure to all its citizens:

JUSTICE, social, economic and political;

LIBERTY of thought, expression, belief, faith and worship;

EQUALITY of status and of opportunity;

and to promote among them all

FRATERNITY assuring the dignity of the individual and the [unity and integrity of the Nation];

IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.

Article 51A. Fundamental Duties.

It shall be the duty of every citizens of India-

(a) To abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem;

(b) To cherish and follow the noble ideals which inspired our national struggle for freedom;

(c) To uphold and protect the sovereignty, unity and integrity of India;

(d) To defend the country and render national service when called upon to do so;

(e) To promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women;

(f) To value and preserve the rich heritage of our composite culture;

(g) To protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures;

(h) To develop the scientific temper, humanism and the spirit of inquiry and reform;

(i) To safeguard public property and to abjure violence;

(j) To strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement.]

(k) who is a parent or guardian to provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years]

Fundamental rights of Citizens and other Residents of India.

1) All laws which were in force earlier and also all laws which will be made in future has to be in compliance of fundamental rights conferred on the citizen by this Constitution, and any law which tends to curtail fundamental rights shall be void.( Article 13 )

2) Equality before law. ( Art. 14 )

3) prohibition of discrimination on grounds of religion, race, caste, sex or place of birth. ( Art.15 )

4) Equality of opportunity in matters of Public employment.( Art.16 )

5) Abolition of untouchability.(Art.17 )

6) Abolition of titles: National Awards like Bharat Ratna, Padma Vibhushan, Padma Bhushan Padma Shri does not include Titles. (Art.18 )

7)Freedom of speech and expression, to assemble peacably and without arms, to form associations or unions, to move freely throughout the territory of India, to reside and settle in any part of the territory of India, to practice any profession or to carry on any occupation, trade, or business ; subject to certain restriction such as a citizen in exercising these rights must keep in mind the security, Integrity, and Sovergnity of the Nation, friendly relations with the Foreign States, Public order, decency or morality, contempt of court, defamation, or incitement to an offence etc.(Art. 19 )

8) Certain protection in respect of accusation of any offences.(Art.20)

9) Protection of Life and personal liberty : The right to life includes Right to life with Dignity. ( Art.21 )

10) The State will provide free and compulsory education to all children to the age of 6 to 14 yrs.( Art 21 A )

11) Protection against arrest and detention in certain cases : A person who is arrested cannot be detained in custody unless he is infomed of grounds of his arrest and he has right to consult and be defended by a legal practitioner of his choice.

A person who is arrested and detained in custody must be produced before a nearest Magistrate within 24 hrs of such arrest.

12) Trafficking in human beings, slavery, begging and other similar forms of forced labour are prohibited. ( Art.23 )

13) Prohibition of employment of children of the age upto 14, ( Art.24 )

14) Freedom of practice, profess and propogation of religion subject to certain restrictions such as public order, morality and health and other Fundamental rights.( Art.25 )

15) Freedom to manage religious affairs subject to certain restrictions of public order, morality health etc.( Art.26 )

16) Freedom as to payment of taxes for promotion of any particular religion.( Art.27 )

17) Freedom as to attendance at religious instruction or religious worship in certain educational institutions.( Art.28 )

18) Protaction of interests of minorities ( Art. 29 )

19) Right of minorities to establish and administer educational institutions.( Art.30 )

20) The right to move Supreme court or the High court by appropriate proceedings for the enforcement of these fundamental rights is guaranteed.( Art 32 & 226 )

[13] One may relieve himself from PIL case.

A formal/informal request can always be made to the Judge to appoint Amicus Curie (called a Friend of the Court) if you are finding difficult to continue with your case. The Court in deserving important cases may appoint Amicus Curie. Also there is one recent Order (Criminal Writ Petition 1679 of 2007) of Bombay high Court by Hon Justice Bilal Nazki in which he on his own appointed Amicus curie when he found that the Petitioner is not going ahead properly with the case. (Although it was a case where the Judge has appointed Amicus Curie against the wishes of Petitioner)

Also, Employing the analogy of Hon Supreme Court Case No.: Appeal (civil) 919 of 2007, Date of Judgment: 23/02/2007 in the role of good Samaritan in bringing accident victims to the hospitals wherein they encouraged the Citizens to bring the accident victim to the hospitals and said that the responsibility of that Samaritan ends as soon as he leave the person at the hospital. The duty of giving desired treatment is obviously the prime duty of the Doctors there.

Similarly, when PILs of large public importance are brought before the Court by any concerned citizen, the citizen however may pursue the case he has brought to the notice of the Court, yet it becomes the duty of Judges to operate upon the case with utmost urgency. Cases drag on for years with active consent of the presiding Judges.

Also, by virtue of section 32 of The Advocates Act 1961, a man, with permission of the Court may appoint any person of his/her choice to represent him/her in the Court of law, irrespective of fact that he is a lawyer /advocate or not.

[14] A PIL directly involving violation of Human rights can be filed before National Human Rights Commission (NHRC) or before respective State Human Rights Commission. Separate sheet is attached for details about NHRC and other State HRC.

[15] PIL can be filed thru National Legal Services Auth, State Legal Services Auth, Supreme Court Legal Services Auth and various High Court Legal services Auth. By virtue of section 4(d) of The Legal Services Auth Act 1987 and Regulation 15 of The Supreme Court Legal Services Committee Regulations 1996, these above stated authorities can be asked to file PIL in the HC or SC as the case demand.

Separate sheet is attached for details about The Legal Services Auth Act 1987 and various auth so constituted under this Act.

[16] what is natural Justice.

There are two fundamental rules to reach JUSTICE and those are-

a person must be heard before punished and the other- no one can be a judge in his own case. It implies that an opportunity must be given to both the parties to the case before reaching to any conclusion; and having regard to the ordinary human behavior, a person deciding the case should be a neutral. The test is not where the person deciding is actually biased but the test is if there is likelihood of being he become biased. So, a father Judge, though of very high ethics and principle, cannot preside over the seat of a Judge involving his son. These fundamental rules are called as Natural justice(NJ).

It is seen that over employed NJ is killing the very justice. The means to an end has become destructive of the ends. NJ has become a tool in the hands of offenders to sabotage and highjack the process of law, with the authority of law.

There exists many exceptions to the rules of natural justice and by and large it is available to the State against the people ostensibly for the welfare of the people.

There is one exception which comes to my mind which may be used against the State for enforcing their legal obligations. There are some exceptions to the rules of Natural Justice and among others there is one “Useless Formality Theory” being coined by the Hon Supreme Court.

Where on the admitted or undisputed facts only one conclusion is possible and under the law only one penalty is permissible, the court may not insist on the principles of natural justice because it would be futile to order its observance.{ S L Kapoor V Jagmohan(1980) 4 SCC 379, 395}

The Hon SC in Canara Bank V Debasis Das(2003), 4 SCC 557 observed that in cases where grant of opportunity in terms of the Principles of natural justice does not improve the situation, useless formality theory is pressed into service.

When we receive info under RTI, those info comprises the facts admitted by the authorities. Similarly Questions posed to the Ministers in the Parliament or State Legislature and their answers become the facts admitted. So any dereliction of a duty by a Public servant explicit in RTI or in Question hours in the Parliament or State Assembly may be used in the Court of Law and Court may be asked to issue directions without conventional hearing and the principles of natural justice may be taken leave of.

“Giving opportunity to be heard to the govt before issuing direction will be a futile exercise as the Govt has nothing to add as what they have stated in the Parliament.”

In the nutshell,

where the other party has admitted the facts so alleged or if the facts are such which are self evident; and where the relief sought are legitimate; and

the issuance of direction does not immediately interferes with the life and liberty of the person so alleged, the Courts should be least hesitant to issue directions taking leave of natural justice.

[17] Take leave of appearing before the Court and yet obtain a quick Judgment from the Court—

As my little understanding of legal process goes,

When a case is brought before the court involving violation of rights, fundamental or Statutory, or involving violation of established laws of the land;
Comprising striking facts with substantiated or self explanatory evidences;
And when the reliefs sought are in conjunction of facts stated, relief sought are not unlawful;
than The Courts should after giving a reasonable opportunity of being heard to Respondent Public Authority, and employing objective reasoning, should pass the Order, without any waste of time;
and at the same time ensuring its implementation in letter and spirit.
Like for asking the Authorities to update their website about directions so given and action taken in pursuant thereof.

It appears to me that there is reasonable misconception prevalent in the society about basic functions of the Court. Courts are looked upon as institutions capable of giving any relief and yet they may deny legitimate relief due to a litigant.

Therefore at the outset, it must be stated that Courts exist to decide/adjudicate the rights and obligations of people and of Public authorities as contemplated in the present laws of the land. After deciding upon, they impose duties and grant due rights as contemplated in the laws/rules/regulations.

The rights so conferred to people need not be prayed, and it is sufficed if one prays for the establishment of his/her due right or establishment of legal duty of public Officials.

Judges exercises little discretion as far as grant of rights and imposition of duties are concerned. Judges job is simply confined to adjudication of rights and obligations of the people and of the Public officials, and once they decide so, they must pass orders accordingly what exist in the letter of the law.

The process of Court is not complex as it has been made to appear so. Since cases take years to decide does not imply that matters are complex.

However the criminal cases may involve complexities, yet civil cases which decide the rights of a man against private individuals or against the Govt, subject to few exceptions, can be decided in one or two hearings.

Instead of emphasizing on Court to grant relief, the Court must be asked to decide the main issue in the present case, i.e. decide if certain action or inaction of Govt/Public Authority result in violation of rights of the people or violation of established laws.

The framing of issues simply involves the adjudication of rights of petitioners and or corresponding duties of Respondents with reference to facts of the case.

When specific issues are placed before the Court and are asked to decide the issues involved, they are enabled to decide cases with greater speed.

1) Make a transparent and clearly understandable case against the Govt/Public Authority.

2) Confine to facts of the case, to the point. The facts so stated must clearly show that the action or inaction of the person/Govt result in violation of your/ peoples legal right.

3) Enclose evidences, if any, to substantiate facts so stated.

4) As far as possible do not make general allegations.

5) Frame issue/issues (Questions) and simply asks the court to decide rights and duties of litigants.

6) However the case may be multi faceted yet the most pressing part must be emphasized before the Court.

7) However multiple rights may be sought yet a single most urgent and desirable relief must be sought.

Incorporate these paras in the petition: Pls check notes 5, 8, and 13.

It may happen that your case may not come for the hearing for some time. In that situation an RTI application may be filed before the HC asking-

1) When my case no.XXXX will come for hearing. 2) Details about methodology employed by this Court for putting cases on board for hearing. 2) No. of cases that has been filed after filing of your case. 3) Which of these cases which were filed after filing your case has come for hearing and grounds on which those cases were given precedence over your case that was filed earlier.

In case there has been no satisfactory reply comes from RTI or if it is revealed in RTI that other cases has given priority in hearing without any just cause, the complaint to that effect must be made in writing to the Chief Justice of Bombay High Court and again RTI can be made to know as what action has been taken. Matter can be and should also be taken to Media over arbitrary practice of putting cases for hearing.

I repeat, Systems do not work on its own in our country, one has to make it work.

[18] Other Practical tips-

The petition should not be stretched with too many issues and reliefs for it lose focus. The petition should be very brief and to the Point. Only important points should be incorporated. As far as practicable raise one issue at a time and seek one relief. The issue raise must be prima facie, striking to the eye and so the relief sought. (Very Imp)
Always fix responsibility/liability on one Public Auth. Auth has a practice of passing buck from one to another.
The Petition should reflect that you have done good research before approaching Court and not hurriedly approached the court.
The language may be little aggressive yet decorum must be maintained. Harsh language or allegations against Respondents should not be used unless you have conclusive proofs to them.
Argue when it is desirable and not when there is room for it. Respondent Counsels ordinarily give lot of opportunity to engage in useless arguments. One must take care not to deviate from core issue. (Very Imp)
Stress on only one/two strongest point which is very difficult for the authorities to answer. (Very Imp)
Relevant documents, news clippings, and evidences to be annexed with Petition. If they are not annexed, state in the petition, it will be produced before the Court while hearing of the case.
News paper clippings, Question and Answers of parliament, Comptroller and Auditor General Reports, respective govt web sites may be useful resources for gathering evidences and other useful information.
Also, there are some very good web sites where valuable information may be available. The Organizations include ANHAD, CHRI, Common cause, I government, Info change India, India Together, Journeys for change, Kiva, Karthikeya Shodhan, Land for the Tillers’ Freedom, Lok raj sangthana, Lok sevak sangh, People for transparency, Prakruti, PUCL, PUDR, Servants of the People Society (SOPS), Transparency International India, Unltdindia, UJaS, whistleblowers India, world cow wealth, Janhit Manch.
The Hon Court may be requested to appoint a Committee to monitor implementation of directions so given or in the alternative the respondents shall be directed to update its website about slew of directions so given and action taken in pursuant.
Whenever judges resort to abusive language, the Petitioner may humbly plead, “Remarks of Hon justice may please be recorded in the orders.”
Address the Court /Judge as Hon Justice or Hon Court. Avoid direct argument with Respondent Counsel. Air all your views towards the Judge.
Petition can be prepared English, Hindi or in regional language. If it is made in language other than English, than English translated copy must also be submitted.
Arguments before the Court are ordinarily in English, yet nobody can stop arguing in Hindi. For arguing in Regional language, permission before sitting judge may be obtained.
If you are not satisfied with order of the Court or you are not given the reliefs sought, than either Review Petition may be filed with the same High Court or Appeal may be made before the Supreme Court.
However it must be stated that I am not approval of present complex procedural way of functioning of our Courts, yet unless a new system evolve, we have obey the present system. Yet this PIL mean can be used to bring forth an accessible system.

PROCEDURE for filing Petition in the Court

Bombay High Court has like all other High Courts, exercise Original and Appellate Jurisdiction. If the matter relates to Mumbai City, then it is Original Jurisdiction and if it is outside mumbai but within Maharashtra, it is Appellate Jurisdiction.

Also, HC exercises Appellate Jurisdiction where if cause of filing Writ/PIL has arises outside Maharashtra, but affects Petitioner living in the State of Maharashtra.

Petition has to be made on ledger paper (green coloured A3 sized) in Two sets. Margin of 1.5 inches on either side of page must be provided. Lettering should be double spaced. Both front and back page can be used while making print out.

Judicial Stamp fee is to be affixed for Rs.250/-. The same can be obtained from vendors at High Court premises and some also sit outside HC premises.

Judicial Stamp fee of Rs.5/- to be affixed on Affidavit.

A presentation form is to be attached to the Petition. (Available with WRIT CELL)

After preparing petition in two sets, and affixing Stamps, it need to be stitched. The same can be done on 3^rd floor of main building of high Court, at Writ Cell (Appellate).

1) Affirmation of Petitioner is to be done at ground floor of Annex Building (exactly opp. to main bldg of HC, in the same premises). There is a separate room for this. Keep Passport/Driving license/PAN card for verification at Affirmation Counter.

2) After Affirmation, the Petition (Original case) should be taken to WRIT CELL (Original) at Third floor of Annex Building*;

The Petition (Appellate case) should be taken to WRIT CELL (Appellate) on 3^rd floor of main building of high Court.

In Original Jurisdiction Petition is to flagged at WRIT CELL (Original) at Third floor of Annex Building; No such flagging is required in Appellate Cases.

The presentation form as stated hereinbefore should be filled up with the help of clerks at WRIT CELL.

The clerk at WRIT CELL sign the presentation form and Petition and give it back to us.

3) The Petition than should be submitted at –

For Original- Annex Building, Ground Floor(Lodging Dept.)

For Appellate- Same 3^rd Floor of WRIT CELL.

Lodging no. for Original cases and Stamp Number for Appellate cases are then issued.

4) There are Objections/corrections if any in the Petition are to be removed/ made.

In Appellate cases Objections/ corrections are removed at the time of submitting only.

In Original cases, there are Officers on 2^nd floors of Annex building who guide us. The man at WRIT CELL will be helpful.

After removing objections/making corrections, the man at WRIT CELL will give PIL no. The PIL no. for Appellate cases is the same as Stamp number.

5) After getting PIL no/Stamp number, the copies of Xeroxed copies of petition is to be served to all the Respondents named in the Petition. Three copies are to be given to State Govt or any of its agencies like the Municipal corp. These three copies can be served at respective Original or Appellate offices of Govt pleaders, situated at ground floor of High Court PWD building, same premises. All other Respondents are to be served one copy only. Proper acknowledgements of serving must be kept in record.

6) Depending upon the urgency of cases, an informal request (it is called mentioning) can be made before Justice for urgent hearing of the case. When the Court proceedings began at 11.00 AM and also at 3.00 PM after Lunch hours, the Judges hear these informal requests for first five- ten minutes and give date for the hearing, depending upon the merit of the case. The request letter is called Preceipe.

If you are looking for interim relief in nature of Stay (status quo) till hearing of the case, then the same can be sought by mentioning as stated above.

However it is important that prior notice of this mentioning must also be served upon Respondents and if Respondents remain absent, the Court must be brought to the notice of the same.

All kinds of reliefs like taking adjournments for just reasons can be obtained thru this mentioning.

7) As to know name of Judge who is assigned our case, the same must be queried at Lodging dept, Annex Building, as stated hereinbefore.

8) It is important to keep track as when the case will come for the hearing. It is always better to mention the case before the Judge and take date.

9) For the first time the case come for admission of PIL. The Petitioner is then given opportunity to explain before the Judges as why he has come to the Court and what is the element of larger Public interest in this PIL. The Petitioner thus, without getting nervous, should slowly and I repeat, slowly and clearly, spell out very briefly the subject matter and element of Public Interest. If Judges are convinced, it is the Respondent now who has to answer.

10) Considering that Process of Court involves too many things and it is practically not possible to incorporate every aspect here nor does the author is conversant with every aspect. The author is a just passed out from Mumbai University.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

IN THE CIVIL APPELLATE/ ORIGINAL (Note 1) JURISDICTION

PIL WRIT PETITION NO. OF

Mr.ABC …. PETITIONERS

V/S

THE (Name of public Auth) ….RESPONDENTS

INDEX

Sr.NO. DATE PARTICULARS PAGE NO.

PROFORMA
SYNOPSIS
POINTS, AUTHORITIES & ACTS
THE PETITION
VERIFICATION
MEMO OF APPEARANCE
MEMORANDUM OF REGISTERED ADDRESS
LIST OF DOCUMENTS
EXHIBIT ‘A’
AFFIDAVIT IN SUPPORT.
CERTIFICATE

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE/ ORIGINAL SIDE

PIL WP NO. OF

Name And Address of Petitioners –

Versus

Name and Addresses of Respondent (s)

(IN PERSON).

____________________________________________________________________

Office Notes, Office Memorunda of

Corom. Appendices. Court’s order or Court’s of Judge’s

Direction and prothonarty’s order orders.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

IN THE CIVIL APPELLATE/ORIGINAL JURISDICTION

PIL WRIT PETITION NO. OF

Mr.ABC …. PETITIONERS

V/S

THE (Name of Public Authority/s) ….RESPONDENTS

S Y N O P S I S

Narrate very briefly important facts of PIL, date wise

00.00.00 This PIL is filed.

Petitioner No.1

In Person.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

IN THE CIVIL APPELLATE/ ORIGINAL JURISDICTION

PIL WRIT PETITION NO. OF

Mr.ABC …. PETITIONERS

V/S

THE (Name of public Auth) …. RESPONDENTS

THE POINTS TO BE URGED

State here (very)important points that will be argued in the Court

THE AUTHORITIES TO BE CITED

The Constitution OfIndia.

THE ACTS TO BE RELIED UPON

( If you know relevant Act to which your case is about, like for example if it is against Mumbai Municipality, state here The Mumbai Municipal Act of 1888)

PETITIONER NO.1,

IN PERSON

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

IN THE CIVIL APPELLATE/ ORIGINAL JURISDICTION

PIL WRIT PETITION NO. OF

IN THE MATTER OF

XXXXXX(SUBJECT MATTER)

AND

Article 226, of the Constitution of India

Mr.ABC .Petitioners

V/S

The Name Of Public Auth Respondents.

THE HONOURABLE CHIEF JUSTICE AND OTHER PUISNE JUDGES OF THE HONOURABLE HIGH COURT OF JUDICATURE AT BOMBAY

THE HUMBLE PETITION OF THE PETITIONERS ABOVENAMED MOST RESPECTFULLY SHEWETH

The Petitioners states that Petitioner No.1 is an ( very BRIEF INRODUCTION OF PETITIONER)
The 1^stRespondent is (briefly state primary responsibilities of Public Auth against)
The Petitioners states that-

Why this is a Public Interest matter
Locus
Jurisdiction of the Court
Facts of the case
Why relief should not be denied
Benefits that may occasion if relief sought granted
Consequences for not giving relief
Likely apprehension of the court and your answer (if you can figure out)
Likely objection of the Respondents and you answer (if you can figure out)

The Petitioners states that there is no other Petition/Application pending in any other court or before the Hon. Supreme Court.
The Petitioners states that the cause of action has arisen in the State of Maharashtra, hence this Honourable Court has Jurisdiction to hear and adjudicate the case.
The Petitioners has tried to resolve matter with (name of Public Auth) but they are not willing to hear and thus Petitioners has no other efficacious remedy except filing this Petition.
The Petitioners rely on Documents, list whereof is annexed hereto.
The Petitioners have paid the necessary Court Fee. The Petitioners states that this is a PIL.
The Petitioners therefore pray to the Honourable Court:

The Hon Court may please to issue a Writ of Continuous Mandamus or any other Writ as they deem appropriate, directing (Name of Public Auth) to……(relief you are looking for from the court)

In the backdrop of, Many a times conclusive orders of the court are not complied with; and Time and again even courts have shown their inability to monitor implementation of their Orders, The Hon Court while passing Orders, interim or final may direct–”Appellant/Respondents Govt/ Public Authority to update their website about Court’s directions so given and action taken in pursuant thereof;

As long as the Appellant’s/ Respondent’s website doesn’t show up details of action taken, non compliance of Court Orders can and should safely be presumed and be alleged.”

11) Pass such other and further orders as this Hon’ble Court may deem proper and expedient in the Public interest.

(12) For expeditious hearing of this Petition.

(13) For cost to the Petitioners.

Mr.ABC,

Petitioner No.1

VERIFICATION (Notes 2)

I, (name and address),, the Petitioner No.1 in the abovenamed petition do hereby solemnly declare that the contents and what is stated in Paragraph to are true to the best of my knowledge and what is stated in remaining paras to are based on information and belief and I believe the same to be true.

Solemnly declared at Mumbai )

Aforesaid this Day of , 200 )

Before me

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

IN THE CIVIL APPELLATE/ORIGINAL JURISDICTION

PIL WRIT PETITION NO. OF

Mr.ABC ….PETITIONERS

V/S

THE name of Pub auth ….RESPONDENTS

MEMO OF APPEARENCE

To,

The Registar General/

The Prothonotary & Senior Master (FOR ORIGINAL JURISDICTION)

(Notes 3)

The Hon. Bombay High Court,

Mumbai- 400 032.

Sir,

Please enter the appearance of the Petitioner No.1, Mr. ABC in the above Petition in Person.

Our Address for service is as under:

XXXXXXXXXX

Mr.ABC , Petitioner No.1

Dated this day of , 200

Petitioner No.1

In Person

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

IN THE CIVIL APPELLATE /ORIGINAL JURISDICTION

PIL WRIT PETITION NO. OF

Mr.ABC ….PETITIONERS

V/S

THE name of Public Auth ….RESPONDENTS

MEMORANDUM OF REGISTERED ADDRESS

Mr.ABC ..Petitioners

V/S

The name and address of public Auth ..Respondents.

To,

The Registar General,

Bombay High Court,

Mumbai- 400 032,

Madame,

Be pleased to register our address for service as hereunder:

XXXXXXXXXXXXX

Mr.ABC,Petitioner No.1

Dated this day of Oct., 2007 Petitioner No.1

In Person.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

IN THE CIVIL APPELLATE/ ORIGINAL JURISDICTION

PIL WRIT PETITION NO. OF

Mr.ABC ….PETITIONERS

V/S

THE name of Public Auth ….RESPONDENTS

LIST OF DOCUMENTS

Exhibit “A” to “F “to the Petition.(Relevant News reports if relied on and Correspondence if any prior to the Petition)
Documents referred to and relied upon in the Petition. ( Like for example if you have relied upon any document or report which you cannot attach with Petition. In that case you can mention in the petition as you will produce the relevant document or report at the time of hearing and will provide copy of the same to the Court and to the Respondent if they need so. )

Dated this day of . 200.

Petitioner No.1.

IN PERSON.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

IN THE CIVIL APPELLATE/ ORIGINAL JURISDICTION

PIL WRIT PETITION NO. OF

Mr.ABC ….PETITIONERS

V/S

THE name of Pub auth ….RESPONDENTS

CERTIFICATE

The Present Petition…A BRIEF NOTE WHY THIS Writ Petition IS FILED.

Therefore this Writ Petition is filed for which this Court has Jurisdiction and therefore be placed before the concerned bench as per High Court Rule 636(1)(b).

Dated this day of . 200

Petitioner No.1

In Person.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

IN THE CIVIL APPELLATE/ ORIGINAL JURISDICTION

PIL WRIT PETITION NO. OF

Mr.ABC ….PETITIONERS

V/S

THE name of pub Auth ….RESPONDENTS

PETITIONERS’ AFFIDAVIT

I, Mr.ABC, the Petitioner No.1 abovenamed, do hereby beg to state on solemn affirmation as under:

The petitioners have filed the present petition inter-alia for various reliefs as more particularly set out in the petition. I repeat, reiterate and adopt the statements made in the petition as if the same are incorporated herein and form part of the present affidavit. I crave leave to refer to and rely upon the papers and proceedings in the petition when produced. I state that there is urgency in the matter.
In the said circumstances, I say and submit that the petitioners are entitled for the reliefs as prayed for and if the same are not granted, irreparable loss and harm would be caused to the petitioners. I say and submit that this petition be made absolute with cost.

Solemnly affirmed at Bombay, ) Before Me,

This day of . 200

PETITIONER NO.1

In Person

Writ Petition Under Article 226 of Constitution of India.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

IN ITS CIVIL APPELLATE JURISDICTION

WP NO. OF

Mr.ABC …PETITIONERS

V/S.

Name of Public Auth …RESPONDENTS

WRIT P E T I T I O N

DATE THIS DAY OF

Petitioner No.1

IN PERSON

Notes to Format of Writ/PIL.

If Public Auth is situated within Mumbai city than Bombay High Court(BHC) has Original Jurisdiction and if it is situated outside mumbai city than BHC has Appellate Jurisdiction. If Respondents are situated both in mumbai and outside mumbai, than the Court will have Original Jurisdiction.
This is done at the time of filing petition before affirmation officer.
Memo of Appearance: to the Prothonotary and Senior Master in cases of original Jurisdiction and to the Registrar General in cases of Appellate Jurisdiction.
In every Writ Petition, if it involves any agency of the State Govt, than the Chief Secretary of respective State Govt must be made as one of the respondents. If the matter involve any Central Govt public Authority than Union of India( Govt of India) must be made as one of the respondents. If matter involves Railways, then General Manager of Ministry of railways should be made as Respondents.
Remove the word PIL if it is not a PIL but a regular Writ Petition.

Though due care has been observed, yet some discrepancies may have crept in. The Writer incurs no liability whatsoever, if reader incurs any loss of any nature, while using this material. The readers may take help of Legal experts where they feel necessary.