1. Public interest litigation — Petitioners seeking permission to represent a cause in public interest. (Para 1 )
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1997 Supreme(SC) 1668
Supreme Court Of India
J.S.VERMA, CJI., B.N.KIRPAL, J.
Mahesh Chand Bisht - Appellant
Versus
Union of India - Respondent
Writ Petn. (Civil) No. 648 of 1997
Decided On, 12/15/1997
Advocates Appeared:
K. G. Bhagat, Kamal Baid, Vineet Bhagat and Debasis Misra, Advocates, for Petitioners.
K. G. Bhagat, Kamal Baid, Vineet Bhagat and Debasis Misra, Advocates, for Petitioners.
The court held that for a public interest litigation to proceed, the petitioners must first establish their credentials and the purpose of the petition by filing an affidavit containing full particulars of their concern.
Headnote:(A) Public Interest Litigation - Maintainability - Petitioners required to furnish full particulars on an affidavit regarding their concern and the purpose of agitating the cause in Court to determine if they should be permitted to represent the cause. (Para 1)
Facts of the case:
A petition was filed in the public interest. The court sought to determine the eligibility and standing of the petitioners to represent the cause brought before the court.
Findings of Court:
The petitioners are directed to file an affidavit within two weeks providing full particulars of their concern and the purpose of the litigation. The appointment of an Amicus Curiae will be considered upon the filing of said affidavit.
Issues: Whether the petitioners should be permitted to represent the cause brought in public interest.
Ratio Decidendi: Permission to represent a cause in public interest is contingent upon the petitioners disclosing their credentials, concern, and purpose through a sworn affidavit to ensure the legitimacy of the petition.
Result: Notice issued returnable on 5-1-98.
Legal Category Hierarchy
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practice and procedure
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public interest litigation
- locus standi (Para 1)
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public interest litigation
Table of Contents
2. Standing of petitioners to represent a cause in public interest. (Para 1 )
3. Permission to represent a public interest cause depends on the petitioners furnishing full particulars of their concern and purpose via affidavit. (Para 1 )
4. Petitioners in public interest litigation must establish their concern and purpose through an affidavit to determine their standing. (Para 1 )
5. Petitioners directed to file affidavit within two weeks; notice issued returnable on 5-1-98. (Para 1 , 2 )
6. What is required for petitioners to be permitted to represent a cause in public interest?
Petitioners must furnish full particulars on an affidavit regarding their concern and the purpose for agitating the cause in court. (Para 1 )
Judgement
ORDER :-The question whether the petitioners should be permitted to represent the cause which is brought in public interest would be decided on the petitioners furnishing full particulars on an affidavit of their concern and the purpose to agitate the same in the Court. The affidavit would be filed within two weeks. The question of appointment of A. C. would also be considered at that time.
2. Issue notice returnable on 5-1-98.
