GUJARAT HIGH COURT PUBLIC INTEREST LITIGATION RULES

NOTIFICATION BY THE HIGH COURT OF GUJARAT AT AHMEDABAD

(For Insertion in the Gujarat Government Gazette, Part-IV-C Central Section)
No.C.2001/2010

In exercise of powers conferred by Article 225 of the Constitution of India, Sections 30, 32 & 40 of the Bombay Reorganization Act, 1960, Clauses 13, 22, 24, 27, 28 and other enabling Clauses of the Letters Patent, the High Court of Gujarat, hereby makes the following Rules, regulating practice and procedure of the Public Interest Litigation, in
the High Court of Gujarat.

CHAPTER – I
PRELIMINARY

1. These Rules shall be called ‘The High Court of Gujarat [Practice
   and Procedure for Public Interest Litigation] Rules, 2010’.
   These Rules shall come into force on and from the date of their
   publication in the Official Gazette.
2. Definitions – In these Rules, unless the context otherwise
   requires:
   (1) “Public Interest Litigation” without limiting generality of
   the said expression shall mean a litigation undertaken for
   the purpose of redressing genuine, substantive or larger
   public injury or public grievance or for enforcing public duty
   or for vindicating public interest but shall not include a
   matter involving individual, personal or private grievances
   of the petitioner or any one else.
   (2) “High Court” means the High Court of Gujarat.
   (3) “Organization” shall include a non-Governmental
   Organization, trust registered under the Bombay Public
   Trust Act or any other law for the time being in force, an
   Association of Persons- registered or otherwise but shall not
   include individual person or person agitating any cause
   before the Court in their personal capacity.

CHAPTER – II
PUBLIC INTEREST LITIGATION PROCEDURE & CONVENTION

1. A Writ Petition filed in the High Court in the nature of Public
   Interest Litigation, shall as far as possible be in Proforma – I and
   shall disclose –
   (a) the petitioner’s social standing, professional status and his
   antecedents, particularly with respect to his credentials for
   maintaining the petition in the nature of Public Interest
   Litigation.
   (b) nature and extent of the personal interest of the petitioner,
   if any, involved in the cause.
   (c) Whether the petitioner has ever faced contempt of Court
   proceedings and outcome or status of such proceedings, if
   any.
   (d) facts constituting the cause, in chronological order. If the
   Petition is based on news report, it must be stated whether
   the petitioner has taken steps to verify the facts personally.
   (e) nature of injury caused.
   (f) in case the petitioner is an Organization, the petition must
   be filed through an authorized Office-bearer of the
   Organization concerned, disclosing additional details of any
   other Public Interest Litigation previously filed, by such
   Organization with case number, status of the case and brief
   statement of its outcome if the case is finally disposed of.
   (g) the petition shall contain a declaration that the petition is
   filed purely in Public Interest and not at the instance of any
   person or organization other than the petitioner.
   (h) full details of the source from which the costs
   litigation including the lawyer’s fees are being borne.
   (i) The petition must further contain averments as to how the
   public interest is involved.
   (j) that the cause involved is purely in public intent and that
   there is no personal gain, private motive or oblique motive
   behind filing the Public Interest Litigation.
   (k) the Constitutional or statutory provision or administrative
   instruction, which has been violated. The grounds for grant
   of interim relief and the nature of urgency, if any, involved
   must also be mentioned alongwith a precise prayer-clause.
   3.A The Court may impose exemplary costs or adopt other
   appropriate methods to ensure curbing of frivolous Petitions,
   wrongly describing them as Public Interest Petitions filed by busy
   bodies for extraneous consideration or ulterior motive.
2. A Writ Petition filed in the nature of Public Interest Litigation shall
   contain a statement/declaration by the petitioner whether to his
   knowledge, issue raised was previously dealt with or decided by
   the High Court and whether a similar or identical petition was
   filed earlier by the petitioner or by any other person to his
   knowledge, and that he had taken all reasonable care to gather
   information before making such a statement. In case such an
   issue was dealt with or a similar or identical petition was filed
   earlier, its status or the result thereof must be stated.
3. Letters / Petitions to be entertained as Public Interest Litigations
   may include the following categories:
   (i) Bonded Labour matters.
   (ii) Neglected children.
   (iii) Non-payment of minimum wages to workers and
   exploitation of casual workers and similar violations of
   Labour Laws, except in individual cases.
   (iv) Petitions from jails complaining of harassment or for pre3
   mature release and seeking release after having completed
   14 years in jail, death in jail, release on personal bond,
   speedy-trial as a fundamental right.
   (v) Petitions against police for refusing to register a case,
   harassment by police and death in police custody.
   (vi) Petitions against atrocities on women, in particular,
   harassment of bride, bride-burning, rape, murder,
   kidnapping, etc.
   (vii) Petitions complaining of harassment or torture of villagers
   by co-villagers or by police, from persons belonging to
   Scheduled Caste/Scheduled Tribes and Economically
   Backward Classes.
   (viii) Petitions pertaining to environmental pollution, disturbance
   of ecological balance, drugs and food adulteration,
   maintenance of heritage and culture, antiques, forest and
   wild-life and other matters of public importance relating to
   grievance made on behalf of a class of persons, for
   direction to Civil Authorities to perform their duties; e.g.
   (a) Locality deprived of electricity or water supply.
   (b) Sanitation.
   (c) Bad roads causing accidents / deaths.
   (d) Problems relating to health hazards etc.
   (ix) In respect of riot-victims.
   (x) In respect of natural disaster.
   (xi) Family Pension.
   (xii) Other Pensions, except pension on superannuation.
   (xiii) Any other matter as the Court may deem fit and proper in
   public interest.
4. Private matters concerning (i) threat to or harassment of the
   petitioner by private persons, (ii) seeking enquiry by an agency
   other than local police, (iii) seeking police protection, (iv)
   landlord-tenant dispute (v) service matters, (vi) admission to
   educational institutions (vii) early hearing of matters pending in
   High Court and Subordinate Courts, (viii) maintenance of wife,
   children and parents would not ordinarily be considered as
   matters of public interest.
5. Public Interest Litigation shall be classified as Writ Petition
   (Spl.C.A.) No._____ / ____ (P.I.L.), and shall usually be filed in the
   Central Filing Centre (C.F.C.) of the Registry like any other Writ
   Petition for enforcement of the Fundamental Rights, as per
   Proforma-I, prescribed.
6. Procedure for examination of Public Interest Litigation
   matters by Office before registration:
   (1) All provisions of ‘The Gujarat High Court Rules, 1993’, not
   inconsistent with these Rules, shall be applicable to the
   category of cases, filed / registered, under these Rules.
   (2) Every petition filed in the nature of Public Interest Litigation
   in the High Court, shall be examined by the Registry as
   soon as possible after presentation and be placed before
   the Court concerned without any delay.
7. Notwithstanding anything contained in these rules, procedure for
   filing and entertaining any petition in the nature of Public Interest
   Litigation procedure provided in these Rules, shall not apply to
   cases where the High Court suo motu decides to treat any matter
   or issue as Public Interest Litigation.

(Proforma – I)

PROFORMA FOR FILING OF PUBLIC IN

1. The present Petition under Articles 226 and/or 227 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 Public Interest Litigation 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 structure has been passed).

3. That the petitioner is filing the present petition purely in Public
   Interest on his own and not at the instance of any other person or
   organization. The litigation cost, including the advocate’s fees and the
   traveling expenses are being borne by the petitioner himself. (if not,
   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 making
   paras as 4.1, 4.2 and so on making sure all disclosures and declarations
   required under the Rules are made).
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 made a representation in this
   regard to the authorities (If yes, give details of such representation and
   reply, if any, received from the authority concerned along with copies
   7
   thereof. If not, reason for not making any 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 of before
   any other Court. (If filed, give 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.)

1. That the petitioner is seeking interim relief on the following
   grounds :

GROUNDS FOR INTERIM RELIEF
(Specify grounds for grant of interim relief and the nature of
urgency involved.)

1. The petitioner has not filed any other appeal or application
   either before this Court or Supreme Court of India or before any other
   Courts on the same subject matter of this petition.
2. The petitioner has no other alternative efficacious remedy but
   to approach this Hon’ble Court by way of this petition.
   12 . That the petitioner prays that this Hon’ble Court may be
   pleased to :

PRAYER/S
[ Set out the relief/s including interim relief if any, claimed.]

DRAWN & FILED BY
Advocate for the petitioner
Place:
Date :

AFFIDAVIT

I, ___________________ aged about _____ years, petitioner herein to hereby state of solemn affirmation that what has been stated here-inabove in para. Nos. 1 to 9 is true to my knowledge and I believe the same to be true and correct. Para. Nos. 10 to 11 are the formal contentions. Para 12 is the prayer clause.

SOLEMNLY AFFIRMED ON THIS ___ DAY OF _____, 2010 AT AHMEDABAD.

________________
D E P O N E N T
Identified by me :
Clerk

High Court of Gujarat at Sola, Sd/-
Ahmedabad – 380 060. (G.R. Udhwani)
REGISTRAR
Date : August 16, 2010 (Infrastructure