Source: Madras High Court (HC)

Why in News?

The Madurai Bench of Madras High Court Bar Association (MMBA) has succeeded in restoring the right of the Bench to hear all kinds of Public Interest Litigation (PIL) petitions including those that concern issues related to the entire State, and not just the 13 districts under its territorial jurisdiction”. The First Division Bench of Chief Justice Sanjay V. Gangapurwala and Justice R. Hemalatha allowed a revision petition filed by MMBA and recalled a particular paragraph alone from a judicial order passed by the previous first Bench during former Chief Justice Sanjib Banerjee’s tenure on March 4, 2021.

What is the Background of Madurai Bench of Madras High Court Bar Association (MMBA) v A Radhakrishnan and Others?

• The primary issue concerned the jurisdiction of the Madurai Bench of the Madras High Court, particularly regarding the handling of pan-State matters.
• MMBA contended that pan-State matters shouldn't be restricted solely to the principal seat in Chennai but should also be heard at the Madurai Bench.

What were the Court’s Observations?

• The Division Bench agreed, citing that the presidential notification issued in 2004 for the constitution of the Madurai Bench did not impose any such restriction.
• Reference was made to a previous judgment (B. Stalin versus Registrar, 2012) where a Full Bench clarified the jurisdiction of the Madurai Bench.
• The Division Bench emphasized the importance of flexibility and rejected the notion of categorically routing pan-State matters to Chennai.
• While allowing the review petition. the Bench said, “to restrict the pan-State matters only at the principal seat would not be appropriate in view of the notification constituting the Bench at Madurai,”

What is Public Interest Litigation (PIL)?

• The concept of Public Interest Litigation (PIL) originated and developed in the USA in the 1960s. It was first introduced in India by Justice P.N. Bhagwati in the 1980s. It has since become an important legal mechanism to address issues of public concern.
• The Supreme Court has defined the PIL as a legal action initiated in a court of law for the enforcement of public interest or general interest in which the public or a class of the community have pecuniary interest or some interest by which their legal rights or liabilities are affected.
• Thus, in a PIL, any member of the public having sufficient interest can approach the court for enforcing the rights of other persons and redressal of a common grievance.
• The Supreme Court or the High Court in exercise of powers under Articles 32 and 226 of the Constitution of India, 1950 (COI) (respectively) can entertain a petition.
• PIL is absolutely necessary for maintaining the rule of law, furthering the cause of justice and accelerating the pace of realization of the constitutional objectives.