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Locus Standi in PIL Look at the Cause not the cause maker.

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Presentation on theme: "Locus Standi in PIL Look at the Cause not the cause maker."— Presentation transcript:

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2 Locus Standi in PIL Look at the Cause not the cause maker

3 Exception to the general rule The normal rule is that only a person aggrieved has got a locus standi to approach the court. The exception is Public Interest Litigation.

4 Petitioner only brings the fact to the notice of the court

5 What is the cause espoused ? Will it amount to any blatant violation of law ? Will cause raises any difficulty to the community at large ? Is there any environmental degradation on account of the act ?

6 Look at the cause and not the person who brings the fact the notice of the court

7 Every citizen has a standing to invite the Court to prevent some abuse of power and in doing so, he may claim to be regarded not as meddlesome busy body but as a public benefactor. – Lord Denning

8 Who is M.C.Mehta ?

9 Who is S.K.Gupta ? A lawyer at Allahabad challenging the transfer of judge ? A lawyer at Allahabad challenging the transfer of judge ?

10 Principle laid down Court will readily respond to even a letter addressed by such individual acting pro bono publico.

11 Chandrima Das case Damages awarded to a rape victim on the basis of a petition by an Advocate

12 Justice.K.K.Denesan “Petitioners role is get transformed into that of a mere informant enabling the court to take cognizance of the issue “ “Petitioners role is get transformed into that of a mere informant enabling the court to take cognizance of the issue “

13 High Court with wide powers It can issue not only prerogative writs as contemplated under the English jurisprudence but also any direction or order that it may deem fit in the circumstances of a case

14 Vexatious litigations Vexatious petitions under the color of PIL brought before the court for vindicating any personal grievance, deserves rejection at the threshold Vexatious petitions under the color of PIL brought before the court for vindicating any personal grievance, deserves rejection at the threshold

15 No Technical rules No res judicata No res judicata No pleadings No pleadings No withdrawal No withdrawal No limitations No limitations No technicalities No technicalities

16 Judicial Discretion Judges are not entitled to exercise discretion wearing robes of judicial discretion and pass orders based solely on their personal predilections and peculiar dispositions “ Judges are not entitled to exercise discretion wearing robes of judicial discretion and pass orders based solely on their personal predilections and peculiar dispositions “

17 A wide view The technique of public interest litigation serves to provide an effective remedy to enforce these group-rights and interests, the relief to granted looks to the future and is corrective rather than compensatory which, sometimes, it also is.

18 Court is the guardian of people The court has to show the law under which the violator has to be punished. The cause is important and not the person who brings the fact.

19 Look at the cause and not on the cause maker By. Adv.P.B.Sahasranaman


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