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public interest litigation 
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Joined: Thu Oct 15, 2009 5:26 pm
Posts: 419
Verify PIL petitioners credentials, Courts told: SC

To curb the tendency of filing frivolous PILs by unscrupulous elements, the Supreme Court has laid down several important guidelines to be observed by the courts before taking them up.

A bench comprising Justices Dalveer Bhandari and Mukundakam Sharma has laid down an eight point guideline which includes that the courts should prima facie verify the credentials of the petitioner before entertaining a PIL.

Justice Bhandari, writing the 109-page judgement for the bench, however, made it clear that the court was not against the concept of PIL. ‘The courts must encourage genuine and bona fide PILs and effectively discourage and curb the PILs filed for extraneous considerations.

The courts should ensure that the PIL is aimed at redressal of genuine public harm or public injury.’ There should be no personal gain, private motive or oblique motive behind filing the PIL, the court said.

Petitions filed by busy bodies for extraneous and ulterior motives must be discouraged by imposing exemplary costs or by adopting novel methods, it added.

The apex court also directed all the High Courts in the country to frame their own rules to check the menace of bogus PILs and directed the Supreme Court registry to send a copy of the judgement to the Registrar General of all the High court’s within one week and fixed May 3 for compliance of the apex court order.

The court imposed a cost of Rs 1 lakh on the petitioner in the Uttarakhand High Court, namely, Balwant Singh Chausal and others who had challenged the appointment of L P Nathani as the Advocate General of Uttrakhand.

Fri Jan 22, 2010 5:14 pm

Joined: Thu Oct 15, 2009 5:26 pm
Posts: 419
dear all
therefore if a person files a PIL on misuse of gender biased laws it may never qualify even prima facia.
Comments please.

Fri Jan 22, 2010 5:16 pm

Joined: Tue Mar 18, 2008 1:44 pm
Posts: 5419
Location: Delhi (India)
It may not qualify if filled with rheotrics.

It may qualify, if backed by sound logic, statistics and genuine loss to nation and a large section of society.

BTW for your information there has been multiple PILs against gender baised laws and they have always been dealt with merits by courts. Merit for court is the guidelines of the law and constitution properitery of any law and not listening to the few people crying from roof tops.

498-A itself has been challanged in 3 seperate PILs to my knowledge.

Fri Jan 22, 2010 5:21 pm
Profile YIM

Joined: Thu Oct 15, 2009 5:26 pm
Posts: 419
dear Shoneek
are the pil still in process or have they been concluded. If yes can you please post the results of the filed PILs.

Fri Jan 22, 2010 5:26 pm

Joined: Tue Mar 18, 2008 1:44 pm
Posts: 5419
Location: Delhi (India)
You remember the phrase, "Legal Terrorism", it was result of a PIL.

All PILs have concluded, the last PIL was rejected and not admitted.

Sat Jan 23, 2010 4:59 am
Profile YIM
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