Sunday, 20 August 2017

LI 6. Precondition before filing PIL


In the last update have dealt with provisions undtr which PIL can be filedbefore different judicial forums. Before filing any PIL Public Interest Litigation, you must make a representation to government. In case you wish to file a PIL exposing some scam, you should first ask for action to CBI or to other appropriate Investigating Agency.

These are normal preconditions.

All PILs basically seek a writ of Mandamous. Such a writ lie when Govt refuses to take action or when it is not taking any action.

This can only happen when Govt refuses such representation or when it does not take action on such representation.

If there is non compliance of any Govt. Policy that affects masses at large than you can file PIL after making due representation and if you wants to file suit in trial court, 4 Persons can file such public interest / Representative Suit.

Adv Mohammad Akhter Hussain Alig
Patna High Court

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