PUBLIC INTEREST LITIGATION (PIL)

👉Supreme  court on

PUBLIC INTEREST LITIGATION  (PIL)

MAIN POINTS :

👉PIL  should not be "publicity interest litigation" or "private interest litigation"

👉There must be real and genuine public interest involved in the litigation.

👉Courts of justice should not be allowed to be polluted by unscrupulous litigants.

👉A writ petitioner who comes to the Court for relief in public interest must come not only with clean hands but also with a clean heart, clean mind and clean objective.

Supreme Court of India held in
Dattaraj Nathuji Thaware vs State Of Maharashtra & Ors

👉RATIO

1.Public Interest Litigation which has now come to occupy an important field in the administration of law should not be "publicity interest litigation" or "private interest litigation" or "politics interest litigation" or the latest trend "paise income litigation".

2. The High Court has found that the case at hand belongs to the last category. If not properly regulated and abuse averted, it becomes also a tool in unscrupulous hands to release vendetta and wreck vengeance, as well.

3.There must be real and genuine public interest involved in the litigation and not merely an adventure of knight errant borne out of wishful thinking.

4. It cannot also be invoked by a person or a body of persons to further his or their personal causes or satisfy his or their personal grudge and enmity.

5.Courts of justice should not be allowed to be polluted by unscrupulous litigants by resorting to the extraordinary jurisdiction.

6.A person acting bona fide and having sufficient interest in the proceeding of public interest litigation will alone have a locus standi and can approach the Court to wipe out violation of fundamental rights and genuine infraction of statutory provisions, but not for personal gain or private profit or political motive or any oblique consideration.    

7.A writ petitioner who comes to the Court for relief in public interest must come not only with clean hands like any other writ petitioner but also with a clean heart, clean mind and clean objective.

आपला
अँड. मानव
सर्वोच्च न्यायालय, नवी दिल्ली
संपर्क- 8080555657

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