Public Interest Litigation

SUPREME COURT OF INDIA

COMPILATION OF GUIDELINES TO BE FOLLOWED FOR

ENTERTAINING LETTERS/PETITIONS RECEIVED

IN THIS COURT AS PUBLIC INTEREST LITIGATION.

(Based on full Court decision dated 1.12.1988 and subsequent modifications).

No petition involving individual/ personal

matter shall be entertained as a PIL

matter except as indicated hereinafter.

Letter-petitions falling under the following categories alone will ordinarily be

entertained as Public Interest Litigation:-

1.

Bonded Labour matters.

2.

Neglected Children.

3.

Non-payment of minimum wages to workers and exploitation of casual

workers and complaints of violation of Labour Laws (except in individual

cases).

4.

Petitions from jails complaining of harassment, for (pre-mature release)*

and seeking release after having completed 14 years in jail, death in jail,

transfer, release on personal bond, speedy trial as a fundamental right.

*

 Petitions for premature release,

parole etc. are not matters which

deserve to be treated as petitions u/Article 32 as they can effectively be

dealt with by the concerned High Court. To save time Registry may

simultaneously call for remarks of

the jail Superintendent and ask him

to forward the same to High Court. The main petition may be

forwarded to the concerned High Court for disposal in accordance

with law.

Even in regard to petitions containing allegations against Jail

Authorities there is no reason why it

cannot be dealt with by the High

Court. But petitions complaining of

torture, custody death and the like

may be entertained by the

is Court directly if the allegations are of a

serious nature.

(5) Petitions against police for refusing to

register a case, harassment by police

and death in police custody.

(6) Petitions against atrocities

on women, in particular harassment of bride, bride-

burning, rape, murder, kidnapping etc.

In such cases where office calls for police report if letter petitioner

asks for copy the same may be

supplied, only after obtaining

permission of the Hon'ble Judge

nominated by the Hon'ble Chief

Justice of India for PIL matters.

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 Added based on Order dated 19.8.1993

of the then Chief Justice of India.

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(7) Petitions complaining of harassment or torture of villagers by co- villagers or by police from persons belonging to Scheduled Caste and Scheduled Tribes and economically backward classes.

(8) Petitions pertaining to

environmental pollution, disturbance of ecological

balance, drugs, food adulteration, maintenance of heritage and culture, antiques,

forest and wild life and other matters of public importance.

(9) Petitions from riot -victims.

(10) Family Pension.

All letter-petitions received in the PIL Cell

will first be screen

ed in the Cell and

only such petitions as are

covered by the above mentioned categories will be

placed before a Judge to be nominated by

Hon'ble the Chief Justice of India for

directions after which the case will be

listed before the Bench concerned.

If a letter-petition is to be lodged, the orders to that effect should be passed by

Registrar (Judicial) (or any

Registrar nominated by the Hon'ble Chief Justice of

India), instead of Additional Registrar, or any junior officer.

To begin with only one Hon'ble Judge may be assigned this work and number

increased to two or three later depending on the workload.

*Submission Notes be put up before

an Hon'ble Judge nominated for such periods as may be decided by the Hon'ble Chief Justice of India from time to time.

**

If on scrutiny of a letter petition, it

is found that the same is not covered

under the PIL guidelines and no public interest is

involved, then the same

may be lodged only after the approval

from the Registrar nominated by the

Hon'ble the Chief Justice of India.

**It may be worthwhile to require an affidavit to be filed in support of the

statements contained in the petition

whenever it is not too onerous a

requirement.

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+ Added as per Order dated 29.8.2003 of

the Hon'ble Chief Justice of India.

* As per Order dated 29.8.2003 of the Hon'ble the Chief Justice of India.

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**The matters which can be dealt with

by the High Court or any other

authority may be sent to them without

any comment whatsoever instead of all

such matters being heard judicially in this Court only.

Cases falling under the following categories will not be entertained as Public

Interest Litigation and these may be return

ed to the petitioners or filed in the PIL

Cell, as the case may be:

(1) Landlord-Tenant matters.

(2) Service matter and those pertaining to Pension and Gratuity.

(3) Complaints against Central/ State Government Departments and Local Bodies

except those relating to item

Nos. (1) to (10) above.

(4) Admission to medical and

other educational institution.

(5) Petitions for early hearing of cases pending in High Cour

ts and Subordinate Courts.

In regard to the petitions concerning maintenance of wife, children and parents,

the petitioners may be asked to file a Petition under sec. 125 of Cr. P.C. Or a Suit in the Court of competent jurisdiction and for that purpose

to approach the nearest

Legal Aid Committee for legal aid and advice.

** Modified keeping in view the directions dated 29.8.2003 of the Hon'ble Chief Justice of India.

Source: Internet 

In my opinion, the resigning employees of L.I.C of India and the other public sector insurers, whose arrears' payments have been repudiated unjustly, by their ex-employers' violation of the Labor Laws;  can file a P.I.L as a 'class suit or petition', as per point three highlighted above.