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This is an archive article published on May 14, 2010

Filing of PILs no longer a cakewalk

With frivolous Public Interest Litigations becoming a matter of concern and the new Chief Justice of India frowning upon the trend,the Allahabad High Court has taken a stringent action to discourage the practice.

With frivolous Public Interest Litigations (PILs) becoming a matter of concern and the new Chief Justice of India frowning upon the trend,the Allahabad High Court has taken a stringent action to discourage the practice.

The court has effected some amendments in the Allahabad High Court Rules,1952,which is expected to make filing of PILs a matter of some difficulty..

“The amendment was made by the full court of high court judges in its rule in exercise of the powers conferred to it by Article 225 of the Constitution,” said Dinesh Gupta,the Registrar General of Allahabad High Court.

The amendment will be in force from May 1. “The number of PILs is increasing manifold,the amendment will be effective in checking the misuse of PILs for personal gains.”

As per the amendment,a Sub Rule 3-A in Rule 1 of Chapter 22 has been inserted,which makes it mandatory for a petitioner seeking to file a PIL,to file a detailed affidavit.

In the affidavit,the petitioner will first have to state the reasons for filing the PIL. He has to submit his credentials and the public cause to be served by it. The petitioner will also show that he has no personal or private interest in filing the PIL and there was no authoritative pronouncement by the Supreme Court or High Court on the questions raised in the PIL.

The amendment will have far reaching consequences and will be in the interest of justice,as many PILs are filed unnecessarily which waste time and manpower of courts,said senior advocate Gopal Chaturvedi.

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In the case of Uttaranchal versus Balwant Singh Chaufal,the Supreme Court,in its judgment,had observed that courts are frequently abused in the name of PIL and directed all High Courts to frame rules to prevent its misuse.

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