PIL as well as Contempt of Court application to HC
Madhukar Bhatt
(Querist) 18 March 2011
This query is : Resolved
I shall be thankful if you will guide & advise for the following:
1. To file PIL in HC what is the procedure?
Whether only advocate can file PIL or any public person? What is the format of PIL application? It only can be filed to HC or can be filed directly to HC depending on PIL seriousness of matter? Any court fee to be paid for PIL? Further information what you can provide to file PIL.
2. To file contempt of court to HC what is the procedure, can only advocate file this or any public person can file directly to HC? Format of contempt of court application and court fee expenses and procedure. Whatever more information you provide on these above two.
Thanks
M V Gupta
(Expert) 20 March 2011
Pl go to the web site "helplinelaw.com" for details on PIL. PIL can be filed by any person whether he has any personal stake in the cause or not, but the cause should relate to the interest of the Public at large, sucha as Pollution,failure of the Municipalities in discharge of their duties etc. PIL can be filed only in the HC or SC. Lower courts do not entertain PIL matters. Nominal court fee is payable. No need to file PIL through an advocate. But it is always advisable to engage the services of an advocate as the petition is to be drafted carefully in compliance with the conditions laid down by the SC; otherwise it may result in heavy penalty to the petitioner.As regards contempt of court application it has to be filed only by the party to the proceedings in which an order or direction is given for compliance by a party to the proceedings and he/it has failed to comply with the order. As per law parties can always plead their own cases and file suits/petitions themselves.