Question

Sumit, a corporate employee, decided to file a PIL against pollution of a lake in the district court after he realised that the stray dogs were dying after drinking polluted water from the lake, which was also a famous tourist spot in his city. Rahul, his friend, advised him to withdraw the petition otherwise he might be threatened by the people who have polluted it. Which of the following is correct?

• A. Sumit cannot file a PIL because his rights have not been violated.
• B. Rahul's advise was right because the court allows to withdraw a petition in case of a threat.
• C. Sumit cannot file a case in the district court because it is not permitted to do so.
• D. Sumit is not allowed to withdraw his PIL after it has been filed and heard.
• E. Sumit needs to take permission of the state government before filing a PIL.

Answer 1

Answer: (C), (D)

The correct options are
C Sumit cannot file a case in the district court because it is not permitted to do so.
D Sumit is not allowed to withdraw his PIL after it has been filed and heard.

The court gives special powers to the people of India to protect their fundamental rights through PIL. The ordinary citizen can file a PIL provided it is in the public interest instead of private interest. A PIL can only be filed in either the Supreme Court, under Article 32 of the Constitution, or the High Court, under Article 226 of the Constitution. A PIL cannot be withdrawn once it has been filed and heard.