PIL pill for high courts

New Delhi, April 18: The Supreme Court has asked all 21 high courts to admit public interest litigation petitions selectively, keeping the focus on those related to the poor, the deprived, the illiterate and the disabled.
An agenda paper, circulated at the two-day conference of high court chief justices at the Supreme Court, said “anonymous” letters or telegrams should not be treated as PILs.
“PIL is meant for enforcement of fundamental and other legal rights of the people who are poor, weak, ignorant of legal redressal system or otherwise in a disadvantageous position due to their social or economic background,” the paper said.
“Such litigation can be initiated only for redressal of a public injury, enforcement of a public duty or vindicating interest of public nature.”
But certain types of “private matters” can be treated as PILs, it said, listing threats or harassment by private persons, appeal for inquiry by agency other than local police, plea for police protection, landlord-tenant disputes, service matters, admission to medical or engineering colleges and request early hearing of cases.
The guidelines come amid criticism over misuse of PILs to settle personal scores as also their overuse to rule on matters traditionally seen as part of the domain of the executive or the legislature.
Bonded labour, neglected children, exploitation of casual workers and non-payment of wages to them (except individual cases) and harassment or torture of SCs, STs and the economically backward classes can be taken up as PILs, the Supreme Court said.
So can cases of environment pollution, disturbance of ecological balance, drugs, food adulteration, maintenance of heritage, antiques, forests and wild life and petitions from riot victims.
The high courts should relax procedural norms and treat letters and telegrams as writ petitions on issues of public importance and for enforcement of fundamental rights of a large number of people, the paper said. But in doing so, they should follow the guidelines laid down by the Supreme Court from time to time.
Individual complaints of harassment or torture or death in jail, harassment for dowry, bride burning, rape, complaints relating to family pensions and complaints about police refusal to register cases can be treated as PILs, if approved by the judge concerned
SAMANWAYA RAUTRAY
Saturday , April 19 , 2008
The Telegraph