Web tax4india.com

Can A Writ Petition Be Treated As A Public Interest Litigation?

Yes, a writ petition filed by the aggrieved person, whether on behalf of group or together with group can be treated as a Public Interest Litigation however,

• The writ petition should involve a question, which affects public at large or group of people, and not a single individual.
• Only the effected /Aggrieved person can file a writ petition.
• There should be a specific prayer, asking the court to direct the state Authorities to take note of the complaint /allegation.

Public Interest Litigation In High Court Or Supreme Court

• Both the High court and supreme court have the power to entertain a Public Interest Litigation
• Since there are no statutes or rules, there cannot be a specific difference, as to which court will have jurisdiction on the Public Interest Litigation
• It will purely and solely depend on the "Nature of the case", if the question involves only a small group of people being effected by action of State authority, the Public Interest Litigation can be filed in high court. For e.g. if there is a sewage problem in a locality effecting 50 families, the Public Interest Litigation can be filed in High court.
• If a large section of people is effected whether by State Government or Central Government, Public Interest Litigation can be filed in Supreme Court For e.g. placing a ban on adult movies, prohibition industrial unit from causing pollution etc.