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1985 Supreme(Del) 120

B.N.KIRPAL, YOGESHWAR DAYAL
PEOPLES UNION FOR DEMOCRATICRIGHTS – Appellant
Versus
MINISTRY OF HOME AFFAIRS – Respondent


Advocates Appeared:
GOVIND MUKHOTY, NANDITA HAKSAR, P.K.GUPTA, R.K.Anand, R.K.PARASARAN, Y.K.SABHARVAL

YOGESHWAR DAYAL, J.

( 1 ) FOLLOWING English American decisions, our Supreme Court has, of late admitted excaptions from the strict rules relating to locus; standi and the like in the case of a class of litigations which have acquired classification known as "public interest litigation", that is. where the public in general are interested in the enforcement of fundamental rights and other statutory rights.

( 2 ) THE litigation may be initiated by public spirited organization on behalf of persons belonging to socially and economically weaker sections complaining of violation of their human rights.

( 3 class=pno>>3 ) PRESENT writ petition has also been filed by two such organizations namely. People Union for Democratic Rights, through its Secretary, Dr. Sudesh Vaid ana Peoples Union for Civill Liberties.

( 4 ) TODAY it is perhaps common place to observe that as a result of a series of judicial decisions since about 1950 both in the Supreme Court and the High Courts in India, House of Lords and the Court of Appeal in England, there has been a dramatic and a radical change in the scope of the judicial review. That change has been described-by no means critically- as an upsurge of judici




























































































































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