Public Interest Litigation

Public interest Litigation, in simple words, means, litigation filed in a court of law, for the protection of "Public Interest". The concept of Public Interest Litigation is not defined in any statute or in any act. It has been interpreted by judges to consider the intent of public at large. Although, the main focus of such litigation is only "Public Interest" there are various areas where a Public Interest Litigation can be filed. e.g.

·        Violation of basic human rights of the poor or the vulnerable groups;

·        Content or conduct of government policy;

·        Compel public authorities to perform a public duty; and

·        Violation of basic fundamental rights.

Public Interest Litigation is a desirable and indeed selfless and noble undertaking. It helps deliver civic justice through speedy, adequate and effective redress upon violation of constitutionally guaranteed rights. Public Interest Litigation is meant to protect the rights of public as it brings questions of public importance before a court of law which otherwise may not have been the case and the abuse underlying public interest litigation might have remained unaddressed.

Notwithstanding the need and urgency to take up issue of public interest through exercise of judicial activism, the notion of public interest litigation should be encouraged and promoted in respect of legal rights; because it is not always possible for vulnerable individuals to litigate to protect their or public rights.

It is an established fact that Public Interest Litigation strengthens the rule of law, furthers the cause of justice, helps in securing civil liberties and accelerates the pace of realization of the constitutional objectives. In Pakistan, the phenomenon of Public Interest Litigation is gaining currency as is evident by a number of important cases where Supreme Court of Pakistan has delivered important verdicts by taking suo moto actions. Nonetheless, in exercising jurisdiction, the court must be careful to remain within the allotted sphere and should not interject into the domain of executive or legislation.

At the conference, the experts will deliberate upon the benefits/merits of Public Interest Litigation and to recommend measures to further promote it including the need to draft rules, determine procedural requirements and raise public awareness on the subject.