Mahbubul Islam :
Public-Interest Litigation (PIL) is litigation for the protection of public interest. Justice is an idea that affirms social equality against any kind of discrimination or abuse out of social class or any other reason. It is a concept involving fair, moral and impartial treatment of all people who faces injustice in some way or the other. Public Interest Litigation, commonly known as PIL, is a tool in the form of legal action initiated in a Court of Law regarding a matter which concerns to public interest. PIL can be broadly defined as litigation in the interest of public in general. PIL is the power given to the public by the courts through judicial activism. Any person who believes that injustice is being done to the society at large can approach the honourable Court for judicial remedy.In Bangladesh, the first attempt was observed in introducing PIL in Berubari Case. As a matter of fact, Section 102 of the Constitution of the Republic allows the court to pass an order where there has been a breach of fundamental rights. These are rights set out in Part III of the Constitution. For example: equality before the law, right to life and personal liberty, and freedom of movement, assembly, association, thought and conscience are the main areas of citizens’ such inherent constitutional rights. One of the key figures of popularizing PIL case in Bangladesh was Dr. Mahiuddin Faruk’s case. In the law suit on the Flood Action Plan, the honourable Appellate Division had settled the lucus standi of PIL in Bangladesh observing that any member of the public suffering a common wrong, common injury or common invasion of fundamental rights of an indeterminate number of people or any citizen or an indigenous association espousing such cause has locus standi. Since then many other organizations such as Human Rights and Peace for Bangladesh (HRPB), Society of Justice as well as public spirited persons brought public interest litigations before the High Court Division for redress of the grievances of the deprived sections of the people. Human rights are not sometimes automatically protected unless it is enforced. Naturally, it is hard to find a common plat form for the public to stand for their common interest with in the process and procedure of law/or the Courts. Against this back drop the body who came forward to stop injustice or seek a lawful relief on matters such as custodial death, river pollution, lack of earthquake preparedness, grabbing of sea beach, destruction of archeological sites, persecution on minorities and indiscriminate hike in house rent is Human Rights and Peace for Bangladesh (HRPB). This HR defender body moved more than 200 PIL cases before the HC in solving the problems, and 45 judgments so far have been given by the highest court of Bangladesh. Supreme Court lawyer Manzil Murshed, President of HRPB, has been a pioneer figure in this field advancing causes of the common man. He is the first person in the country to have started filing Public Interest Litigation (PIL) cases without any external funding to address heterogeneous problems of the society. To give his legal fight an institutional shape, he founded a watchdog body – Human Rights and Peace for Bangladesh (HRPB). The HRPB is a self-financed organization as of now. In many cases, the HC passed its final judgments and the problems were solved.PIL in India is more or less an improved version of PIL filed in USA. Justice P. N. Bhagwati and Justice V. R. Krishna Iyer were among the first judges to admit PILs in the Court. In 1979, the case Hussaianra Khatoon vs. State of Bihar (1979) which was filed through an Advocate, based on the newspaper article published in the Indian Express on the hardship of under trial prisoners of Bihar prison and a judgment was pronounced by the then Justice PN Bhagwati who recognized the right of speedy trial and justice. This case opened a window of thought and thereafter Courts were flooded with number of cases on different issues. Mahesh Chandra Mehta (M C Mehta) is a very renowned name in the field of PIL in India for his contribution in this field especially in environment matters which helped in the protection of India’s natural and cultural treasures like Ganga (MC Mehta vs. Union of India) and Taj Mahal. (M.C. Mehta (Taj Trapezium Matter) v. Union of India and Ors.). He also advocated for alternate energy in transport system. His contribution in curbing child labour is also commendable. Needless to say, Public Interest Litigation is not defined in any statute or act. However, on many occasions PIL has been introduced in a Court of law by the Court itself suo motu, rather than the aggrieved party or another third party. And while a case is being filed by aggrieved parties or any public spirited person files a law suit, the Court promptly delivered justice. On most occasions, the PIL lawsuits get rule on the petitioners favour. The petitioners become happy, start thinking that their job has been done and take up some other new issues. But experiences show the whole matter is not as simple as thought of. Everybody knows in Bangladeshi culture nothing moves on its own or as designed. One of the aims of PIL is social change, political transformation and ultimately establishing good governance. If the courts directives are enforced properly things would go in right direction towards realising the desired goals. In all emerging democracies and societies, it is observed that PIL took a distorted path and in the name of people’s right, the vested quarters with political aims and interests misuse the very plea of public interests to foster and further their personal gains or party interest. It is very common that PIL has not always delivered all that we desire. If we learn from those earlier exercises, it is more likely to yield spectacular results for the generation to come.[Mahbubul Islam is an Advocate, Supreme Court of Bangladesh]
