Chief Justice Oka calls for "surgical skill" when it comes to drafting PILs

While dealing with a Public Interest Litigation (PIL) pertaining to the non-implementation of provisions of the Karnataka Corporation Act, the Karnataka High Court today stated that it would not entertain numerous prayers clubbed together in one petition.

A Division Bench of Chief Justice Abhay Shreeniwas Oka and Justice Hemant Chandangoudar stated,

The Court further stated that,

“What is the writ of mandamus that you are seeking for?..... Please seek proper relief. This is classic example of how a PIL should not be drafted and filed. This is not the way in which PILs are filed. This is irreparable. Either file fresh petition or amend the existing one. Please don't take advantage of the leniency of the Court. This is a mockery of the Court.”

The Court additionally pointed out that when one seeks to challenge a provision, he/she must clearly specify the statute being referred to as well.

“When you seek to challenge a provision, clearly specify the statute which you are referring to. Our knowledge of law is also limited….”

CJ Oka stated that,

“The surgical skill of the lawyers will have to be used in drafting or amending the petition, as the case may be. We expect a better petition, though it is a pro-bono litigation. Everything cannot be sought in one PIL”.

The prayers and grounds in a petition must be drafted well and clearly, the High Court additionally stated.

Having made these observations, the Court urged the counsel appearing for the petitioner to either amend the existing petition or file a fresh petition.