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Rajeev Kumar (Professioanl Social worker)     22 March 2010

whether a non-lawyer can file PIL?

Dear All

I want to file a PIL in High court of Jharkhand. I am not holding degree  of LLB. I am professional  social  woker just studied overview of law.

whether  I am allowed to file PIL without hiring/  without help of any Advocate? if I am capable to write the draft of PIL.

second query: whether I will need to present in Court during hearing of PIL.

please guide me



Rajeev Kumar


 14 Replies

Daksh (Student)     22 March 2010

Dear Mr.Rajeev Kumar,

You are free to draft file and persue Public Interest Litigation with or without the help of Advocate.  The answer to your second question has to be in affirmative for the reason that after filing any case (including but not limited to PIL) you (through Advocate or in person with the permission of the Court) have to plead your case on the questions of your locus, admissibility, limitation, jurisdiction, availiability of alternate/equal efficatious remedy etc. before the court of law.   Just out of curiocity may I request you to kindly go through the Hon'ble Jharkhand High Court Rules and bye laws in advance which shall be helpful in sorting out the procedural query/ies.

Best Regards


Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     22 March 2010

dear rajeev,

you are fully entitled to bring a pil by yourself, and attend court on every date by yourself .


u/s art 226 of the constitution of india, you have to file a pil. u/a 32 of coi at sc. go ahead. if you face any problem ask hare again.

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     22 March 2010

keeping an advocate is optional.

S.Sabarinadh (Student)     22 March 2010

As a public spirited person who is litigant in each and every activities of the society you are fully availed with the provisions of the Indian constitution under the endowment of Art.226 to approach the court in the form of PIL. I admire your ability to draft the petition too also by the purview of the Advocates act of 1961 s.30 If the court allow you may also plead before the Hon'ble court.

But i  insist better consult a practising lawyer since the case must be prominent an to be won.............. 

Rajeev Kumar (Professioanl Social worker)     22 March 2010

Dear All

thanks all for replying my query. I am novice about filing PIL.  It is clear  that hiring advocate is optional.  I read that even a postcard to supreme court can be considered PIL.

My second query is whether there may be many dates for PIL also? becuase there is not the question of witness and evidences.  whether procedure of PIL also takes many dates and long period like the other litigation?

please guide me.



J. P. Shah (RTI & CONSUMER ACTIVIST)     22 March 2010

I would also suggest that you peruse PIL link of www.supremecourtofindia.gov.in. It is informative. 

J. P. Shah (RTI & CONSUMER ACTIVIST)     22 March 2010

I also understand from my advocae friends that even letter written to Chief Justice may be converted in a writ and court will arrange for an advocate to plead at govt cost, if there is public interest affecting large number of  citizens or if there is breach of fundamental rights of a citizen.

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     23 March 2010

second query  -  it depends upon the judges. you put your pray before them orally or in writting.

Vinod kashyap (Advocate & Legal advisor)     24 March 2010

In concept of PIL the "Amecus Query" a facility available in SC in which court can provide a Advocate/legal freind who will help petitioner in PIL.  

B.N.Rajamohamed (advocate / commissioner of oaths)     23 September 2010

Dear Mr.Rajiv,

                        A public interest litigation can be filed by any one from the public with the condition that he must approach the court without personal interest. The approach should be solely on public interest rather than publicity or private interest. Being a non practitioner of law willnot deter you from acting in public interest. Please go on and serve for the public.


Rajeev Kumar (Professioanl Social worker)     03 October 2010

Dear Mr.Rajamohamed

Thanks for your  valuable information. I will be grateful to you, if you provide me some samples of good PILs... kindly give me the guidelines for filing PIL.



DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     03 October 2010

Please be careful now since courts are imposing heavy fines on PIL litigants if it is not really in public interest in the opinion of the Court.

Arup (UNEMPLOYED)     05 October 2010

i support mr sashikumar.

but if the case is genuine, you need not to worry.

Manikandan V (Chief)     07 October 2010

If you have a good case and have no self interest in that case, then it can be PIL and you have each and every right to file a PIL

It is a fundamental Right cinferred under Article 226 of Constitution of India

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