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A brief write up with important tips for filing of PIL in the High Court of Delhi by our team of experts. The suggested format of a PIL is given. The same can be downloaded and modified accordingly to the requirements.
IMPORTANT TIPS FOR FILING OF PIL IN HIGH COURT OF DELHI:
i) The PIL should be in accordance with the rules as framed.
ii) PIL should be in the format as prescribed by the court.
iii) The petition should be printed on legal size paper with appropriate margins as prescribed by the Registry of the court.
iv) All documents related to the PIL are to be annexed with legible and readable copies of the same as annexures along with the PIL.
v) Court fees of Rs 50/- is to be paid for PIL in High Court of Delhi however the petitioner can seek the exemption from the court fees in suitable cases.
vi) The petitioner is required to file the affidavit as per the format as prescribed for filing of PIL in the High Court of Delhi.
BRIEF DESCRIPTION ABOUT PIL IN HIGH COURT OF DELHI
PIL or Public Interest Litigation as the name suggests can be filed before the High Court under the powers of the High Court vested under Article 226 of the Constitution of India. These are the extraordinary powers provided to the High Court under the Constitution of India.
Any person aggrieved by any government inactivity, order or legislation can file PIL seeking relief against the same. The person filing the PIL, the petitioner will have to satisfy the court that he is not filing the PIL for his personal gain or gain of any other person and the PIL is being filed in public interest for the welfare of the public in general. For establishing public interest, the relief as prayed should be general in nature and not for the petitioner.
The PIL can be filed against any illegal, irregular, unconstitutional conduct of any Government Department. PIL can also be filed against any rule, law or notification which is affecting the public adversely and the petitioner is in a position to demonstrate before the Court that the same is in against the interest of the general public. Any unreasonable law or notification can also be challenged by filing PIL.
The process for filing of PIL in the High Court is explained in this article.
Any person claiming public interest can file PIL?
The format of PIL is like a writ petition however the same should be in accordance with the rules framed by the High Court of Delhi.
Pursuant to the Directions issued by the Supreme Court of India in 2010, for framing of rules for Public Interest Litigation, Delhi High court has also framed rules for PIL and the PIL should be filed according to the said rules. Besides the rules, the PIL should also be in the format as prescribed for PIL along with the detailed affidavit of the person filing the PIL.
Against general belief, PIL in the High Court of Delhi can be filed in civil as well as criminal field seeking the relief based upon the facts of the Public Interest Litigation. Since PIL is filed under extraordinary powers of the High Court under Article 226, it is termed as civil or criminal based upon the statute invoked and the relief claimed.
We are giving hereunder the format of the Public Interest Litigation with the instructions to file the PIL in High Court of Delhi which is of great help for any person willing to file PIL.
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