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Can a letter explaining certain facts to Chief Justice be treated as a Public Interest Litigation?

• In early 90's there have been instances, where judges have treated a post card containing facts, as a Public Interest Litigation some of them are :
• Letter alleging the illegal limestone quarrying which devastated the fragile environment in the Himalayan foothills around Mussoorie, was treated as a Public Interest Litigation
• A journalist complained to the Supreme Court in a letter, that the national coastline was being sullied by unplanned development which violated the central government directive was treated as a Public Interest Litigation

The Present Scenario:

In the past, many people have tried to misuse the privilege of Public Interest Litigation and thus now the court generally require a detailed narration of facts and complaint, & then decide whether to issue notice and call the opposite party.

• However as there is no statute laying down rules and regulations for a Public Interest Litigation Still the court can treat a letter as a Public Interest Litigation
  • However the letter should bring the true & clear facts, and if the matter is really an urgent one, the court can treat it is a Public Interest Litigation
  • But still it depends upon facts and circumstances, and court has the entire discretion.

Relifes Available By Public Interest Litigation

There are many kinds of remedies, which can be given in a Public Interest Litigation, to secure the public interest, at large. They are:

Interim Measures

The court can afford an early interim measure to protect the public interest till the final order for example:

• Release of under trial on personal bonds ordering release of all under trial who have been imprisoned for longer time, than the punishment period, free legal aid to the prisoners, imposing an affirmative duty on magistrates to inform under trial prisoners of their right to bail and legal aid. Or
• Closure of Industrial plant emitting poisonous gas, setting up victim compensation scheme, ordering the plaint reopening subject to extensive directions etc. Or
• Prohibiting cutting of trees or making provisions for discharge of sewage, till the disposal of final petition.

Relief in most of the Public Interest Litigation cases in the Supreme Court is obtained through interim orders.

Appointing a Committee

• The court may appoint a committee, or commissioner to look into the matter, and submit its report.
• Such committee or commissioner may also be given power to take cognizance of grievances and settle it right in the public intent.

Final Orders

The court may also give final orders by way of direction to comply within a stipulated time.