Public Interest Litigation Rules for Odisha

Public Interest Litigation Rules of Odisha High Court...

PUBLISHED UNDER THE AUTHORITY OF THE HIGH COURT
OF JUDICATURE ORISSA
NOTIFICATION
The 20th April 2010
No.270-R- In exercise of powers conferred under Article 225 of the
Constitution of India, and as per direction in the judgment passed by
Hon’ble Supreme Court of India in Civil Appeal Nos. 1134-1135 of 2002
(State of Uttaranchal Vrs. Balwat Singh Chaufal and others) the High
Court of Orissa do hereby make the following Rules:-
1. Short title, Extent and commencement:
(i) These rules may be called the Orissa High Court Public
Interest Litigation rules, 2010.
(ii) They shall come into force all over the State of Orissa from
the date of its notification.
(iii) These Rules shall be in addition to the Rules of the High
Court of Orissa, 1948 as amended from time to time with
regard to filing of writ petitions.
2. Definition:
(i) Public Interest Litigation (PIL) means a legal action initiated
in the Court for the enforcement of any Civil or
Constitutional right of the public in general or a class or a
community as a whole or protection of any general interest
of such public or class or community.
(ii) ‘Court’ means the High Court of Orissa.
(iii) ‘Case’ means Public Interest Litigation case.
(iv) ‘Petition’ means Public Interest Litigation petition.
CHAPTER 1
RULES IN GENERAL
3. A public Interest Litigation petition filed in the Court shall be
genuine and bona fide. Any such petition filed for extraneous
considerations or with oblique motive for personal or individual
gain shall be rejected in lime line by imposing exemplary costs or
by adopting similar methods.
4. The petitions which involve larger public interest, gravity and
urgency shall be given priority over other less important petitions;
the public Interest Litigation must aim at redressal of genuine
public harm or public injury; and must not be for personal gain,
private motive or oblique motive.
5. The Court before entertaining the PIL is to prima facie (i) verify the
credentials of the petitioner/petitioners (ii) shall satisfy with regard
to the correctness of the contents of the petition and (iii) shall
satisfy that substantial public interest involved in the PIL.
CHAPTER 2
RULES RELATING TO FORMAT OF THE P.I.L PETITION
6. Every petition filed in Court in the form of Public Interest
Litigation under Article 226 of the Constitution of India shall be in
the form appended here to and shall be heard and disposed of by a
Division bench presided over by the Chief Justice or any other
Bench assigned by the Chief Justice.
7. The petition shall contain the facts of the case in chronological
order. If the petition is based on news report, it must be stated as to
whether the petitioner has verified the truth of the facts by
personally visiting the place or by talking to the people concerned
or has verified from the reporter or editor of the news paper
concerned.
8. Before filing a PIL, the petitioner must send a representation to the
authorities concerned for taking remedial action, akin to what is
postulated in Section 80 CPC. Details of such representation and
reply, if any, from the authority concerned along with copies
thereof must be filed with the petition. However, in urgent cases
where making of representation and waiting for response would
cause irreparable injury or damage, petition can be filed
straightway by giving prior notice of filing to the authorities
concerned and/or their counsel, if any.
CHAPTER 3
9. Frivolous and Vexatious PIL – Where the Court is of the opinion
that the Public Interest Litigation petition filed by the petitioner is
frivolous or vexatious or is devoid of public interest or is filed as
camouflage to foster personal gain or is filed for extraneous and
ulterior motives, it shall dismiss the same with exemplary cost.
10. In the cases, where interim relief is sought for and where the Court
is inclined to grant the same, it may in order to prevent abuse of
process of the Court insist upon the petitioner to furnish security.
APPENDIX
FORMAT FOR FILING OF PUBLIC INTEREST
PETITION
IN THE HIGH COURT OF ORISSA, CUTTACK
W.P(C) (PIL) No.____________of__________
Code___________
In the matter of
………..Petitioner(s)
Versus
………..Respondent(s)
To
The Hon’ble Chief Justice of Orissa High Court and his companion
Justices of the Hon’ble Court.
The humble petition of the
petitioner(s) above named.
MOST RESPECTFULLY SHOWETH
1. The present petition under Article 226 of the Constitution of India
is being filed by way of public interest litigation and the petitioner
has no personal interest ( if he has any personal interest such
interest must be disclosed). The petition is being filed in the
interest of (give particulars of the class of persons for whose
benefit the petition is filed).
2. That the petitioner is (give short background of the petitioner; if the
petitioner is an organization, the names of the office bearers must
be furnished). The petitioner has earlier filed/ not filed, any other
public interest petition (if filed, details of such PIL filed including
the case number and the court, status and brief description of the
order passed must be given. It must also be stated whether in any
of such cases any cost has been awarded, for. Or imposed against
the petitioner; and whether any appreciation or stricture has been
passed).
3. That the petitioner is filing the present petition on his own and not
at the instance of someone else. The litigation cost, including the
advocate’s fee and the traveling expenses of the lawyer, if any, are
being borne by the petitioner himself ( if not, the petitioner must
disclose the source of funds).
4. That the facts of the case in brief are as follows: (narrate the facts
leading to the filing of the petition in chronological order by
marking paras as 4.1, 4.2 so on).
5. The source of information of the facts pleaded is based
on___________ (if news report, whether the applicant has verified
the facts by personally visiting the place, talking to other people or
from the reporter/editor of the newspaper concerned. If the
petitioner does not wish to disclose the source, he may say so with
reasons)
6. That the petitioner has/has not sent representation in this regard. (If
yes. Details of such representation and reply, if any, from the
authority concerned along with copies thereof must be filed if not,
reason for not sending such representation).
7. That to the best of knowledge of the petitioner, no public interest
petition (whether filed by the petitioner himself or by anyone else)
raising the same issue is filed before this Hon’ble Court or before
any other court. (If filed, details thereof).
8. That the present petition has been filed on the following amongst
other grounds:
GROUNDS
State separate grounds with specific mention of violation of
particular constitutional or statutory provision or any
administrative instruction. The relevant provision of the
Constitution and statue
must be quoted and administrative instruction must be filed.
9. That the petitioner most respectfully prays that this Hon’ble, Court
may be pleased to pass the following order:
PRAYER
Set out the prayer/relief claimed (if more than one relief is claimed,
separate prayers may be made for each relief)
It is therefore, prayed that this Hon’ble Court may graciously be
pleased to admit this PIL writ petition, issue RULE NISI calling
upon the Opposite Parties to show cause, and if the opposite parties
fail to show cause or show insufficient cause, the said rule be
made absolute in granting the relief’s prayed for;
And may further be pleased to pass any other order(s) as deemed
fit and proper;
And for this act of kindness the petitioner shall as in duty bound
ever pray.
Place: Drawn and filed by
Date:
ADVOCATE
Any application for interim relief shall be filed as separate Misc.
Case.
P.K. PANDA
Registrar (Vigilance