INTRODUCTION TO SUPREME COURT PUBLIC INTEREST LITIGATION:
Public interest litigation is also called PIL and it can be filed by any person of the public on behalf of others. Public interest litigation can be filed before the Supreme Court by any affected or concerned person raising the legal issues involved. The legal grounds on which the petition is being filed should be very clear. The Petitioner in a Supreme Court Public Interest Litigation has to swear an affidavit to the effect that he has no personal benefit in the matter.
It is always better to seek the assistance of a good Supreme Court lawyer for filing PIL in the Supreme Court. There are several technical issues involved hence the common man is not in a position to comprehend the same and do the needful.
Important steps and tips for Supreme Court Public Interest Litigation:
(i) The suggested format of the Supreme Court Public Interest Litigation
is being given by us hereunder, the same can be downloaded and modified according to the facts.
(i) 1+5 copies of the Supreme Court Public Interest Litigation
are to be filed on legal size papers.
(i) Affidavit of the petitioner duly sworn is also to be filed along with the Supreme Court Public Interest Litigation.
(ii) Annexure, as referred to in the Writ Petitioner with court fees of Rs.2/- per annexure, is to be filed along with the Supreme Court Public Interest Litigation.
(iv) A court fee of Rs.50/- per petitioner (In Crl. Matter no court fee is to be fixed).
(v) Index of papers as the format is given hereunder is to be filed along with the Supreme Court Public Interest Litigation.
(vi) The cover page of the Supreme Court Public Interest Litigation
is to be filed as per the format as given.
(vii) All miscellaneous applications etc to be stamped @ Rs 12 per application in the Supreme Court Public Interest Litigation.
(viii) Court fees of Rs 5/- is to be affixed on the Memo of appearance in the Supreme Court Public Interest Litigation.
(ix) Synopsis and list of dates to be filed along with the Supreme Court Public Interest Litigation.
x) It can be termed as Pro Bono Litigation as well.
FORMAT OF SUPREME COURT PUBLIC INTEREST LITIGATION
IN THE SUPREME COURT OF INDIA
PUBLIC INTEREST PETITION NO. OF
IN THE MATTER OF
(Name of the petitioner) …..Petitioner
(Name of the respondent) ….Respondents
PUBLIC INTEREST PETITION UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF WRIT, ORDER, DIRECTION OR ANY OTHER APPROPRIATE DIRECTION.
Hon’ble The Chief Justice of India and His Lordship’s Companion
Justices of the Supreme Court of India.
The Humble petition of the Petitioner above named.
MOST RESPECTFULLY SHEWETH :
1. That the petitioner is filing the present writ petition in public interest. The petitioner has no personal interest in the litigation and the petition is not guided by self-gain or for a gain of any other person/institution/body and that there is no motive other than of public interest in filing the writ petition.
2. That the petitioner has based the instant writ petition from authentic information and documents obtained from various government departments/portals/RTI applications.
3. That the petition, if allowed, would benefit the citizens of this country generally as rule of law is essential for democracy and such brazen violation of law by the respondents can be stopped by the orders of this Hon’ble Court only.
4. That the persons affected by such acts of the State are numerous and are not in a position to approach the Hon’ble Court hence the petitioner is filing the present PIL on behalf of such affected persons.
Facts of the case: ( State here the brief facts leading to the filing of the Supreme Court Public Interest Litigation with supportive documents).
2. Question(s) of Law: (State here the questions of law being raised or the laws being violated on the basis of which the Supreme Court Public Interest Litigation is being filed).
3. Grounds : ( State here specific legal grounds on the basis of which relief is being claimed in the Supreme Court Public Interest Litigation).
That the present petitioner has not filed any other petition in any High Court or the Supreme Court of India on the subject matter of the present petition.
In the above premises, it is prayed that this Hon’ble Court may be pleased:
(i) The main prayer of the Supreme Court Public Interest Litigation.
(ii) to pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances of the case.
FOR WHICH ACT OF KINDNESS, THE PETITIONER SHALL AS IN DUTY BOUND, EVER PRAY.
PETITIONER-IN-PERSON/ ADVOCATE ON RECORD
FORMAT OF THE INDEX FOR THE SUPREME COURT PUBLIC INTEREST LITIGATION
IN THE SUPREME COURT OF INDIA
CIVIL WRIT PETITION NO. OF 2005
(Name of the petitioner) …..Petitioner
(Name of the respondent(s) ……Respondent
P A P E R – B O O K
FOR INDEX KINDLY SEE INSIDE
(ADVOCATE FOR THE PETITIONER/
I N D E X
Sl. No. PARTICULARS PAGES
1. Synopsis and List of Dates
2. Writ Petition along with Affidavit in support.
5. Application if any
Format of the parts of the affidavit to be filed along with the Supreme Court Public Interest Litigation
1. That I, am the petitioner in the present case and is well conversed with the fact and circumstances of the present case I am competent to swear this affidavit.
2. That the accompanying PIL has been prepared by me, the same may be kindly read as part and parcel of this affidavit, the contents thereof are not repeated here for the sake of brevity. The contents of thereto are true and correct.
2. That the contents of this affidavit have been read over to me in my vernacular and I have understood the same and testify to be true and correct.
3. That I have filed the present petition as Public Interest Litigation. I have gone through the public Interest Litigation Rules, notifications of Hon’ble Supreme Court of India, and do hereby affirm that the present Public Interest Litigation is in conformity thereof.
4. That the petitioner has no personal interest in the litigation and neither myself nor anybody who the petitioner is interested would in any manner benefit from the relief sought in the present petition save as a member of the general public. The petition is not guided by self-gain or gain of any person, institution, body or there is no motive other than of public interest in filing the present petition.
5. That I have done whatsoever inquiry/investigation which was in my power to do to collect all data/material which was relevant for this court to entertain the present petition. I further confirm that I have not concealed in the present petition any data/material/information which may have enabled this court to form an opinion on whether to entertain this petition or not and/or whether to grant any relief or not.
6. That the documents filed along with the petition are true copies of their originals.
7. That I undertake to pay the costs if any imposed by the Court at any stage of the matter and the details of my PAN card, bank account are being given along with.
8. That the contents as stated above are true and correct to my knowledge and belief.
Verified on this ______________ at Delhi that the contents of the affidavit are true and correct, nothing material has been concealed and no part of it is false.