July 20, 2021

Format of PIL in High Court

Public interest litigation (PIL) refers to litigation undertaken to secure public interest and demonstrates the availability of justice to socially disadvantaged parties and was introduced by Justice P. N. Bhagwati. It is a relaxation on the traditional rule of locus standi. Before the 1980s the judiciary and the Supreme Court of India entertained litigation only from parties affected directly or indirectly by the defendant. It heard and decided cases only under its original and appellate jurisdictions. However, the Supreme Court began permitting cases on the grounds of public interest litigation, which means that even people who are not directly involved in the case may bring matters of public interest to the court. It is the court’s privilege to entertain the application for the PIL.

FORMAT OF PUBLIC INTEREST LITIGATION

BEFORE THE HIGH COURT AT
(EXTRA-ORDINARY CIVIL WRIT JURISDICTION)
PIL No. OF
IN THE MATTER OF:
(Name of the petitioner) Petitioner

VERSUS
(Name of the respondent(s) Respondent

MEMO OF PARTIES

(Name of the petitioner) Petitioner

VERSUS
(Name of the respondent(s) Respondent

FILED BY
Dated:

Place:

BEFORE THE HIGH COURT AT
(EXTRA-ORDINARY CIVIL WRIT JURISDICTION)
PIL No. OF
IN THE MATTER OF:
(Name of the petitioner) Petitioner

VERSUS
(Name of the respondent(s) Respondent

PUBLIC INTEREST PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA FOR THE ISSUANCE OF:

WRIT, ORDER OR DIRECTION IN NATURE OF Habeas Corpus OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION FOR (give the complete prayer as per law including the relief you are seeking for)

MOST RESPECTFULLY SHOWETH:-

1. That the following questions of public importance are being raised in the present Public Interest Petition (PIL):

2. That the present petition is being filed against (give details)

3. That the Respondent(s) is/are an instrumentality of the State, hence State within the meaning of Article 12 of the Constitution of India.

4. That the Petitioner is constrained to approach this Honble Court against the illegal, arbitrary and unconstitutional conduct of the respondents who are bent upon violating and ignoring the mandate of the Constitution of India.

5. 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 gain of any other person/ institution/body and that there is no motive other than of public interest in filing the writ petition.

6. That the petitioner has based the instant writ petition from authentic information and documents obtained from various governments departments/portals applications and has determined the veracity of the same.

7. 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 Honble Court only.

8. That the persons affected by such acts of the State are numerous and are not in a position to approach the Honble Court hence the petitioner is filing the present PIL on behalf of such affected persons. Except for the present respondents no other parties are affected by the present PIL.

9. That the petitioner undertakes to pay the costs if any imposed by the court on this petition.

10. That the Petitioner is constrained to approach this Honble Court against the illegal, arbitrary and unconstitutional conduct of the respondents.

11. That the petitioner has no personal interest in the litigation and the petition is not guided by self-gain or for gain of any other person/ institution/body and that there is no motive other than of public interest in filing the writ petition. The present petition is not guided by any professional considerations and is being filed purely in public interest as the Petitioner.

12. That the petitioner has based the instant writ petition from authentic information and documents obtained from various governments departments/portals/ RTI applications and has determined the veracity of the same.

13. 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 Honble Court only.

14. That the persons affected by such inactivity of the State are numerous and being public at large is not in a position to approach the Honble Court hence the petitioner is filing the present PIL on behalf of such affected persons. Except for the present respondents no other parties are affected by the present PIL.

15. That the Petitioner undertakes to pay the costs, if any imposed by the Honble Court on the present PIL at any stage.

16. That the brief facts leading to the rise of the present case are enumerated hereunder:

17. That aggrieved by the aforesaid act, the Petitioner is before the Court, inter alia, following amongst the other grounds.

18. That the Petitioner has got no other alternate efficacious remedy except for the present Public Interest Petition (PIL).

19. That the petitioner has not filed any other PIL or any other such petition seeking the identical relief before any other High Court or before the Honble Supreme Court of India.

20. That the annexures filed along with the present Public Interest Petition (PIL) are true copies of the originals.
PRAYER:

It is most respectfully prayed that the court may issue:

(a) Writ, order or direction in nature of Mandamus or any other appropriate writ, order or direction for (give the complete prayer as per law)

(b) Any other order as the Honble Court may deem fit and proper in the facts and circumstances of the case be also passed in favour of the Petitioner in the interest of justice.

Petitioner