IndiaPost.com - Supreme Court says it will lay down guidelines for PILs

NEW DELHI: The Supreme Court has said it will consider the question of laying down the guidelines for entertaining public interest litigations. "It is better to have some guidelines whether these types of PILs can be entertained," a Bench headed by Chief Justice K G Balakrishnan said.

The Bench said it will examine the question raised by a Bench headed by Justice S B Sinha, which had referred a PIL to the Chief Justice in view of the observations relating to the judicial over-reach made by a two-judge Bench recently.

Following the order of a Bench of Justices A K Mathur and Markanday Katju, which had made observations that in the past the apex court had exceeded its jurisdiction in entertaining the PILs, the Bench headed by Justice Sinha had referred the PIL -- which had come before it -- to the Chief Justice.

While referring the matter, Justice Sinha had said in view of the recent observations, it was not clear what was the power of the court in dealing with PILs. The PIL, referred to the Chief Justice, was related to rehabilitation of sex workers.

Notwithstanding a clarification by Chief Justice K G Balakrishnan, confusion over the recent order urging the judiciary to maintain restraint while entertaining PILs continued in Delhi High Court as it refused to pass an order in a Blueline case.

"We have to see the effect of Supreme Court order (of December six) on the proceedings of this case (Blueline menace)," a Bench comprising Justice Mukul Mudgal and Reva Khetrapal said, adding "we have not had the time to go through the judgment.

It has just been handed over to us by amicus curiae." The Bench was hearing a suo motu matter, which it had earlier taken into cognizance, in view of the growing accidents caused by Blueline buses in the capital.

The court refused to pass any order on the matter without going through the judgment which had deprecated the tendency of "judicial over-reach".

Last week, the apex court had castigated the Delhi High Court for entertaining PILs on a host of public issues including the begging menace, nursery admission and traffic issues particularly the Blueline menace.