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HC creates new category for PILs Pleas to be depicted as ‘CWP-PIL’, followed by details

October 02, 2018 06:02 AM


HC creates new category for PILs
Pleas to be depicted as ‘CWP-PIL’, followed by details
Tribune News Service

Chandigarh, October 1

Nearly seven years after the merger of temples around Panchkula by Shri Mata Mansa Devi Shrine Board was challenged, a dispute over the nature of the petition made the Punjab and Haryana High Court create a special category for public interest litigation.

A Division Bench of the High Court directed the Registry to henceforth register all civil writ petitions filed as public interest litigation as “CWP-PIL”, followed by case number and year. It would be depicted as such in the cause list as well as the order sheets and judgments.

Taking up a petition filed by Ram Murti and other petitioners, the Bench of Chief Justice Krishna Murari and Justice Arun Palli asserted that even before the matter could be taken up on merit, a dispute arose whether the petition was in the nature of public interest litigation.

Referring to the original record placed in court, the Bench asserted that it showed that the matter was registered as civil writ petition, with PIL is written by pen.
The Bench also took note of an assertion by counsel appearing for the petitioners that it was not public interest litigation. “All this confusion arises because there is no separate category provided for registering the matters filed as public interest litigation,” the Bench noted.

The Bench added that the Maintainability of Public Interest Litigation Rules, 2010, had already been framed and carried in the High Court Rules and Orders.

Adequate instructions with regard to filing of petitions as public interest litigations, too, had been published or listed on the High Court website. But for further clarity and to facilitate the process and the proceedings, directions were issued to the Registry.

The High Court had earlier directed the state and its functionaries to furnish details of persons nominated from time to time to the management of Shri Mata Mansa Devi Shrine Board.

Elaborating, another Bench had asserted that the affidavit would contain an explanation on the mode of selection of the persons nominated to the board. It would also contain the details of their qualifications and the procedure adopted for shortlisting them for the purpose of nomination.

The Bench had directed the respondents to furnish the details of “how much part of the donation amount was spent on providing salary or honorarium, vehicles and other paraphernalia to the persons nominated on the board”.

The Bench had also called for year-wise details of the donation received in cash or kind for the last 10 years. “The details of the employees of the board who have been attached with the nominated members be furnished,” the Bench had added.

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