The importance and practicality of public interest litigation and the role of judiciary in Pakistan.

Abstract

In common law system a number of forums are given to redress injury or hardship at every level and ‘public interest litigation’ has got a pride of place in the matters of public curiosity. Judicial interference by way of public interest litigation is always available if due to non-fulfillment of Constitutional or Statutory obligation by the government the public is suffering injury or can suffer on the later stages. The main objective of this research work was to analyze public interest litigation in its true form by gathering relevant information with the help of Statutes and the settled precedents and to compare that law of Pakistan with other common law countries. During this research work we analyzed practical implications of public interest litigation in different countries; we intended to bring up a focused study through which one can easily grasp the essence and the ambit of public interest litigation by understanding it in its true spirit. Furthermore, a comprehensive study has been made for the practical understanding of public interest litigation in the judicial system of Pakistan. In this research work we determined the origin, scope, nature, purpose and the boundaries set up by the Courts for public interest litigations in developed countries (i.e. U.K & U.S.A) and compared them with Indian and Pakistani law. However our research design is very simple and is based upon Statutes, Precedents and Policies. Specifically the views of the legal experts have certainly provided us a wide platform to conclude the extensive research work.