BOMBAY HIGH COURT PUBLIC INTEREST LITIGATION RULES, 2010

PREAMBLE

The Chief Justice and the Judges of the High Court in exercise of the powers conferred by Article 225 of the Constitution of India and the directions of the Supreme Court of India in the case of State of Uttaranchal V/s. Balwant Singh Chaufal [2010(1) SCALE 492] and all other enabling provisions, are pleased to make the following Rules which shall be applicable on the Original as well as Appellate Side in addition to the existing Rules governing the writ petitions filed under Articles 226 and 227 of the Constitution of India.--

Rule - 1. Short title.?

These rules shall be called "The Bombay High Court Public Interest Litigation Rules, 2010.

Rule - 2. Commencement.--

These Rules shall come into force on the date of their publication in the Official Gazette of the Government of Maharashtra.

Rule - 3. Definition.?

In these Rules, unless there is anything repugnant to the subject or context,-

(a)          "Chief Justice" means the Chief Justice of the High Court of Judicature at Bombay.

(b)          "nominee Judge" means a Judge so nominated by the Chief Justice; for each of the benches of the High Court.

(c)           "Constitution" means the Constitution of India.

(d)          "High Court" means the High Court of Judicature at Bombay and its benches.

(e)          "Public Interest Litigation Petition" means a petition instituted pro bono publico and includes a legal action initiated by or in the Court for enforcement of public interest or general interest as distinguished from individual interest, in which the public or a class of the community have some interest by which their legal rights or liabilities are affected or a petition filed to protect the public law interest.

(f)            "Registrar Judicial" means the Registrar appointed as such by the High Court and in charge of the judicial section.

(g)          "Prothonotary and Senior Master" means the officer so appointed by the High Court on the Original Side.

Rule - 4.

(1)          Initiation/Commencement/Lodgment of Public Interest Litigation.--

(2)          A Public Interest Litigation Petition may commence in any of the following manners.?

(a)          As a suo motu petition in pursuance of the orders of the Chief Justice of his nominee Judge;

(b)          In pursuance of an order of the Chief Justice or his nominee Judge, on a recommendation made by any Judge of the High Court;

(c)           In pursuance of an order of the Chief Justice or his nominee Judge, on receiving a letter or representation from any citizen or a law student or a lawyers' body;

(d)          a petition may be directed to be treated as a public interest litigation petition by a judicial order passed by the Court;

(e)          on presentation of a petition in the Court in the prescribed proforma in accordance with these Rules by,

(3)          any citizen; or

(4)          ab NOG/Association or any other like body which is registered under any Act.

Rule - 5.

In the petition to be filed under Clause (e) of Rule 4, the petitioner shall disclose.--

(a)          petitioner's name, complete postal and E-mail address, phone number, proof regarding personal indentification, occupation and annual income, PAN number and National Unique Identity Card, if any and registration under the Act.

(b)          the facts constituting the cause of action.

(c)           the nature of injury caused or likely to be caused to the public.

(d)          the nature and extent of the personal interest, if any, of the petitioner(s).

(e)          details regarding any civil, criminal or revenue litigation, involving the petitioner or any of the petitioners, which has or could have a legal nexus with the issue(s) involved in the Public Interest Litigation.

(f)            petitioner's locus standi, except in a petition filed in public law interest.

Rule - 6.

Whenever a Petition is filed under Clause (e) of Rule 4, it shall be placed before the Registrar (Judicial) or the Prothonotary and Senior Master as the case may be, who, on being satisfied that prima facie the petition would constitute a public interest litigation, may direct it to be so registered. If the Registrar or the Prothonotary and Senior Master, as the case may be, is of the opinion that the petition does not constitute a Public Interest Litigation, he/she will record brief reasons for his/her opinion and will place the petition for orders before the Bench dealing with the PIL petitions.

Rule - 7.

The Petitioner(s) while filing a Public Interest Litigation Petition under Clause (e) of Rule 4 shall.--

(a)          annexe to the petition an affidavit stating that there is no personal gain, private motive or oblique reason in filing the Public Interest Litigation and

(b)          file an affidavit undertaking to pay costs as ordered by the Court, if it is ultimately held that the petition is frivolous or has been filed for extraneous considerations or that it lacks bona fides.

(c)           file an undertaking that he/it will disclose the source of his/its information, leading to the filing of the Public Interest Litigation, if and when called upon by the Court, to do so.

(d)          annuxe to the petition, a copy of the registration certificate and an authorization resolution to file a PIL Petition when the petition is filed by an Association or a like body.

Rule - 8.

If at any stage, the Court comes to the conclusion that the petition initiated under clause (e) of Rule 4 is bona fide but does not come within the definition of a PIL, Petition, as defined in clause (e) of Rule 4, the Court may direct it to be converted to an appropriate category for being dealt with in accordance with law and may issue such directions as deemed fit, in that regard.

Rule - 9.

In a petition registered as a Public Interest Litigation Petition under Clause (e) of Rule 4, it shall be permissible for the Court dealing with the matter to appoint an amicus curiae on such terms as may be settled by the Court, looking to the nature and circumstances of the case.

Rule - 10.

All the Public Interest Litigation Petitions initiated under Rule 4, shall be heard and decided by the Division Bench to be nominated by the Chief Justice.

Rule - 11.

(a)          If the Court finds that the Petition was frivolous or with oblique or mala fide motives and lacks bona fides, the petitioner shall be liable to pay exemplary costs as imposed by the Court so as to compensate the injury suffered by the private respondents or by way of waste costs.

(b)          Costs so imposed shall be recoverable as arrears of land revenue, if not paid within the specified time.