In filing PIL in Supreme Court and High Court, there are problems. The Courts may refuse to accept your petition for many reasons.
But AS A MATTER OF RIGHT, you can file Public Interest Suit in Trial Court. Just keep these following requirements in mind:
1) At lease four persons needed for filing such suit. At later date, Court may ask you to give advertisement in newspaper that any other public spirited person who may want to join suit can also come and join. No problem.
2) Suits take a little longer time. But you can always ask for interim stay or interim injunction.
3) Court fee may be less or about Rs.100/- Check court fee for suit for permanent injunction.
Trial Courts have almost all the powers of High Court and Supreme Court to call for experts reports, to appoint commissioners to give factual Position Reports, and to pass all necessary orders in suit to enhance public interest.
SINCE THIS IS A RIGHT OF PUBLIC SPIRITED CITIZENS to file PUBLIC SPIRITED SUITS under C.P.C., no trial court will refuse to accept your suit if requirements are fulfilled.
Just consult an advocate in trial court.
Haresh Raichura
4/5/2012
PS. As a lawyer I often wondered, why people are not coming forward to file Public Interest Suits whereas such practice of filing CLASS LITIGATION is common in foreign countries. Now I understand. No one has tried to educate people about this provision in Code of Civil Procedure.
But AS A MATTER OF RIGHT, you can file Public Interest Suit in Trial Court. Just keep these following requirements in mind:
1) At lease four persons needed for filing such suit. At later date, Court may ask you to give advertisement in newspaper that any other public spirited person who may want to join suit can also come and join. No problem.
2) Suits take a little longer time. But you can always ask for interim stay or interim injunction.
3) Court fee may be less or about Rs.100/- Check court fee for suit for permanent injunction.
Trial Courts have almost all the powers of High Court and Supreme Court to call for experts reports, to appoint commissioners to give factual Position Reports, and to pass all necessary orders in suit to enhance public interest.
SINCE THIS IS A RIGHT OF PUBLIC SPIRITED CITIZENS to file PUBLIC SPIRITED SUITS under C.P.C., no trial court will refuse to accept your suit if requirements are fulfilled.
Just consult an advocate in trial court.
Haresh Raichura
4/5/2012
PS. As a lawyer I often wondered, why people are not coming forward to file Public Interest Suits whereas such practice of filing CLASS LITIGATION is common in foreign countries. Now I understand. No one has tried to educate people about this provision in Code of Civil Procedure.
