KARACHI: Importance of public interest litigation highlighted
KARACHI, Aug 21: The Public Interest Litigation (PIL) is a very important and useful legal avenue against violation of public rights and protection of peoples’ interests, but the civil society in Pakistan has not yet fully realised the importance and potential of this vital legal remedy.
Public interest litigation means litigation filed in a court of law for the protection of public interest, such as pollution, road safety, constructional hazards, lack of proper sanitary conditions, etc.
Although, the only focus of such litigation is ‘public interest’, there are various areas where a public interest litigation can be filed, like violation of basic human rights of the poor, content or conduct of government policy, compel municipal authorities to perform a public duty, and violation of religious rights or other fundamental rights.
Issues like social justice, child’s rights, advocacy for low-income people, environmental hazards, substandard health and educational facilities, etc., could also be counted in the ambit of the public interest litigation.
General Secretary of the Human Rights Network, Pakistan, and President of MMA, Sindh, Asadullah Bhutto (MNA) is of the view that the potential of public interest litigation is being utilised very well in India, but the civil society in Pakistan is not yet fully aware of its importance.
He said that a lot of problems faced by the masses could be solved through courts via the public interest litigation or filing representative suits. He said that lack of social and political awareness in Pakistan, as well as, general ignorance of law was the reason why quite a few people in Pakistan would file public interest litigation cases.
He said that many NGOs were also less concerned about the real problems confronted by masses, as their main concern was the agenda of their donors. He said that many political parties, too, were only interested in ‘vote-based politics’ and they were not giving due attention to move courts for solution to public grievances.
He urged the civil society, including political parties, social organisations, NGOs and media, to focus on public interest litigation and help solve problems faced by people at grassroots level.
President of the Lawyers for Human Rights and Legal Aid Zia Ahmed Awan said that the Supreme Court, under Article 184-3, could take suo motu notice of any issue related to public interest. He said that any citizen, whether aggrieved party or not, could move the court through a petition or application regarding matters pertaining to the public interest litigation.
He said this legal avenue needed to be fully explored by our civil society.—PPI