HC to frame guidelines for PILs ……Shibu Thomas
Mumbai: Petitioners who file frivolous public interest litigations beware. With a view to crack down on trivial petitions, the Bombay high court is in the process of framing rules concerning PILs. This was revealed during the hearing of a PIL before the division bench of Justice Ranjana Desai and Justice Rajesh Ketkar. Justice Desai said that the rules were being put in place.
In January this year, the Supreme Court had laid down a 10-point guideline for all high courts to ensure that people with vested interests did not take advantage of PILs. The apex court had set a three-month deadline for the high courts to come up with PIL rules.
The apex courts guidelines include: encouraging genuine and bonafide PILs and discouraging and curbing those filed for extraneous considerations; verifying credentials of a petitioner before entertaining a PIL; ascertaining the correctness of facts mentioned in the PIL; checking whether substantial public interest is involved; giving priority to PILs involving larger public interest; ensuring that the PIL seeks redressal of a genuine public harm or injury and that there is no personal gain, private motive or oblique motive behind it. The Supreme Court had also asked high courts to impose exemplary costs on frivolous petitions.
The apex courts guidelines include: encouraging genuine and bonafide PILs and discouraging and curbing those filed for extraneous considerations; verifying credentials of a petitioner before entertaining a PIL; ascertaining the correctness of facts mentioned in the PIL; checking whether substantial public interest is involved; giving priority to PILs involving larger public interest; ensuring that the PIL seeks redressal of a genuine public harm or injury and that there is no personal gain, private motive or oblique motive behind it. The Supreme Court had also asked high courts to impose exemplary costs on frivolous petitions.
At present, there are no specific rules governing PILs. The petitions are filed urging the high court to exercise its extraordinary jurisdiction under Article 226 of the Constitution of India. The high courts or the Supreme Court can even initiate a suo motu PIL based on a complaint or a letter addressed to it even on a post card. The PIL can be filed only against the Union and state governments, or public bodies, though a private party can be named in the petition. The Supreme Court had remarked that instead of every judge framing their own rules for PILs, it would be useful to have common rules.
There are no rules framed and the courts should ensure that it benefits citizens who raise a public cause, said advocate V P Patil. It was during the hearing of Patils petition on Wednesday that the court mentioned that the rules are being framed. Patil had dragged the public works department to court over alleged irregularities in the maintenance of the high court. It will also have to be seen whether the rules are applicable to PILs already filed or whether it would be only for those petitions filed in the future, added the advocate.
THE RULEBOOK
The SCs guidelines include:
– Encouraging genuine and bonafide PILs and discouraging and curbing those filed for extraneous considerations
– Verifying credentials of a petitioner before entertaining a PIL; ascertaining the correctness of facts mentioned in the PIL
– Checking whether substantial public interest is involved; giving priority to PILs involving larger public interest; ensuring that the PIL seeks redressal of a genuine public harm or injury and that there is no personal gain, private motive or oblique motive behind it