Question

Misuse of mechanism of PILs means-

• A. filing PILs for protection of private interest
• B. filing PILs for oblique motive
• C. filing PILs only for publicity
• D. All of the above

Hint:

Misuse of PIL occurs when the 'Public' is taken out of 'Public Interest Litigation'. Any motive that is private, for publicity, or otherwise not genuine (oblique) constitutes a misuse of this important legal tool.

Answer 1

The Correct Option is D

Public Interest Litigation (PIL) is a powerful tool for ensuring justice for the public, especially marginalized sections. However, it is often misused. The Supreme Court has identified several forms of misuse, which are often termed 'Private Interest Litigation' or 'Publicity Interest Litigation'. These misuses include:
Filing a PIL to serve a private interest or settle personal scores, disguised as a public cause (a).
Filing a PIL for an oblique motive, such as for business rivalry or political reasons (b).
Filing a PIL merely for gaining publicity (c).
All of these are considered an abuse of the process of the court, and the courts often impose heavy costs on such petitioners.