Lawstreet Journal

Centre asks SC whether there can be a sole body for filing PILs

Lawstreet Journal 5 Aug 2020 6:09pm

Image courtesy: Lawstreet Journal Executive Centre asks SC whether there can be a sole body for filing PILs

On Friday, 31st July 2020 the Centre asked a serious question to SC that whether there could be an organization whose sole work is to file PILs in violation of norms laid down by the SC, which had devised the instrument to allow representational litigation for judicial redressal of rights violation of poor and destitute.

The target was Adv Prashant Bhushan who spearheaded the Centre for Public Litigation (CPIL) which has filed many PILs including on COVID-19. The affidavit detailed the massive governmental response to the pandemic situation and why PM Cares Fund money cannot be transferred to the National Disaster Response Fund.

The Centre said, “SC must visit the question as to whether there can be a permanent body set up only to file PILs on issues which the said body subjectively considers to be ‘public interest’.”

Solicitor General Tushar Mehta told a bench of Justices Ashok Bhushan, R S Reddy, and M R Shah that the government has no argued CPIL locus standi in the court prior to the bench reserving verdict, and hence he did not want this issue to be decided. The center further reiterated that when genuine non-professional PIL petitioners were already before the SC on the same issues, why CPIL’s PIL should be entertained.

This is the first time questions have been raised about CPIL being a professional PIL litigant. 

On 12th January 2016 a bench headed by then CJI T S Thakur asked Bhushan that how filing of PILs could be the sole activity of an NGO or… Continue Reading...

Tagged: Public Interest Litigations   Public Interest litigation  
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