Public Interest Litigation in Pakistan Landmark Cases and Judicial Influence on Governance

  • Zulfiqar Hussain
  • Muhammad Shahid Sultan
  • Muhammad Waqas Sarwar
  • Mubashir Hassan
  • Shoket Ali

Abstract

Public Interest Litigation (PIL) allows individuals and organizations to bring legal cases on behalf of the public to address societal problems such as human rights abuses, environmental degradation, and corruption. In the Pakistani Supreme Court, PIL has emerged as a significant mechanism for addressing these concerns. This paper discusses the significance of PIL, the issues encountered in its practice, and a few landmark cases. The Supreme Court has repeatedly evolved well-founded legal norms governing PIL, thereby empowering the underprivileged sections of society. Cases such as Shehla Zia vs. WAPDA and the Suo Moto Case regarding Lahore smog exemplify how the judiciary takes initiative to secure rights and hold authorities accountable. PIL has impacted public policy and transformed societies by improving accountability among governing bodies. However, PIL faces challenges, including issues of admissibility, the potential for time-consuming legal actions, and the risk of abuse for personal or political gain. The tension between the judiciary and the principle of the separation of powers is a critical factor in maintaining judicial independence. To optimize PIL, it is essential to enhance public awareness, particularly regarding legal rights, and to establish an efficient legal aid service.

Published
2024-09-22