The Hindu : Tamil Nadu / Chennai News : Supreme Court judge calls for “pressure groups” of lawyers

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Sunday, Jul 20, 2008
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Tamil Nadu - Chennai

Supreme Court judge calls for “pressure groups” of lawyers

Special Correspondent

They can watch PIL proceedings and assist the court, says Sirpurkar

— Photo: M.Vedhan

SHARING A POINT: G. Masilamani , executive Chairman, ILI, Tamil Nadu (second from right),with S.B. Sinha, Supreme Court Judge at a seminar in Chennai on Saturday. V.S. Sirpurkar Supreme Court Judge ( left) and A.K.Ganguly, Madras High Court Chief Justice, are in the picture.

CHENNAI: Supreme Court Judge V.S. Sirpurkar on Saturday suggested that there can be “pressure groups” in the Bar to watch public interest litigation proceedings and provide necessary assistance to the court.

Participating in a seminar on “Use and abuse of public interest litigation and Right to Information Act”, organised by the Indian Law Institute (ILI), Tamil Nadu Branch, he said it was through public interest litigations that several things had been achieved. The utility of PILs could not be denied. However, the question was of its use and misuse. To ensure that PILs were not misused, the bonafides of the petitioners needed to be examined. Personal causes should be avoided in PILs.

Mr. Sirpurkar said it was for advocates to examine the bonafides of a person who filed PILs through them. Some introspection was necessary and that would not only check the growing number of litigations, but also the misuse of the PIL provision. The time had come to draw a line as to the kind of petitions that should be entertained as PILs.

Mr. Sirpurkar said RTI applications should make clear as to why a particular information was being asked.

Another Supreme Court Judge, S.B. Sinha, who inaugurated the seminar, said the PIL and the RTI Act were two great weapons that the public could use to give effect to constitutional objectives. Access to justice had been recognised from time immemorial. Though a provision had been made for legal aid, there was still a large section of people who were not in a position to approach the courts of law. Courts in the country not only recognised social action litigation, but also expanded the rights.

Hence, it was necessary to widen the scope of courts. Chief Justice of Madras High Court A.K. Ganguly, who presided, said PILs and the RTI Act both evolved out of judicial intervention. The way the right to information and the right to fair administration of justice evolved would show that the Constitution and constitutional jurisprudence were developing institutions.

Since the cost of litigation was beyond the reach of the common man, the Supreme Court devised the method of moving courts through PIL. Judges and advocates had a great responsibility to ensure that PIL jurisdiction was not abused.

G. Masilamani, executive chairman, ILI, Tamil Nadu, said PILs and the RTI Act were modern weapons to protect the rule of law and to undo the wrong.

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