Affidavit in PIL for Writ of Prohibition (Article 226, High Court)
**Sample PDF of the Affidavit attached at the end.
Why is this affidavit used?
- This is the affidavit of the petitioner(s) to the Public Interest Litigation, filed under Article 226 of the Constitution in the High Courts.
- This affidavit assures the Court that the petitioner has:
- no personal interest in the matter,
- that it has been filed in public interest and not for personal gain, or for wrongful motive, fraud, or suppression of facts, and
- has filed it in accordance with the Delhi High Court (PIL) Rules, 2010 (or other state HC PIL rules).
When to use it?
- Filing of PILs → Whenever an individual or an NGO brings a Public Interest Litigation against the government or public authorities.
- Challenging illegal actions → e.g., arbitrary government orders, misuse of public funds, or placements made without a legal basis.
- Seeking a Writ of Prohibition → To restrain lower courts, tribunals, or public authority from acting beyond their jurisdiction or contrary to law.
- Example: An authority is restrained from enforcing a rule declared unconstitutional.
Purpose of this affidavit
- To establish the bona fides (good faith) of the petitioner.
- To certify compliance with PIL Rules.
- To bring credibility that no material facts would have been concealed.
- To back the writ petition with sworn statements.
Other Important Points
- Must be executed on non-judicial stamp paper and attested by Oath Commissioner/Notary.
- Misleading affidavits under PILs are viewed harshly by courts, with heavy costs being imposed (₹50,000 – ₹25 lakh in some past instances).
- Affidavit is mandatory → PIL cannot stand without it.
- A PIL cannot become "public interest litigation" because it includes an affidavit to show the seriousness involved.
FAQs
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Q1. What is a Writ of Prohibition?
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It's addressed by a High Court/Supreme Court to a lower court, tribunal, or authority to bar it from exceeding its jurisdiction.
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Q2. Why does the High Court demand an affidavit in PIL?
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It ensures that the petitioner acts bona fide and wholly, disclosing facts, and that he does not misuse the process.
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Q3. Can this affidavit be filed by anyone in the PIL?
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Yes, each citizen or organisation (NGO or Trust or Society) can do it, as long as it is for public interest and not personal interest.
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Q4. What happens when I lie in the affidavit?
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The court may dismiss the PIL, impose a penalty, and even initiate perjury proceedings.
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Q5. Is an affidavit required only in PIL?
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No. Affidavits are filed in all types of writs and petitions but are rather stricter in the case of PILs because misuse is more prevalent.
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Q6. Can a PIL be filed without an affidavit?
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No. Affidavit is a mandatory supporting document for the writ petition.
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| Attachment | Size |
|---|---|
| sample-affidavit-for-writ-prohibition (354.72 KB) | 354.72 KB |
IN THE HIGH COURT OF DELHI AT NEW DELHI
EXTRA ORDINARY CIVIL JURISDICTION
WRIT PETITION (CIVIL) NO.___________ OF 20__
PUBLIC INTEREST LITIGATION
IN THE MATTER OF:
___________________
PETITIONER
VERSUS
GOVERNMENT OF NCT OF DELHI & ORS
RESPONDENTS
AFFIDAVIT
I, ___________________, Son of ___________________, aged about _______, Occupation ________________, residing at ________________________________, do hereby solemnly affirm and state as under:
- I am the Petitioner No. 1 in the present Writ Petition filed as a Public Interest Litigation (PIL). I am fully acquainted with the facts and circumstances of this petition and am competent to swear this affidavit.
- This PIL has been instituted by me jointly with Petitioner No. 2 and Petitioner No. 3 as co-petitioners.
- I have carefully read and understood the provisions of the Delhi High Court (Public Interest Litigation) Rules, 2010, and I hereby affirm that this Public Interest Litigation conforms in all respects to those Rules.
- I further declare that I hold no personal or private interest in the subject matter of this petition. Neither I nor any person or body with whom I am associated stands to derive any benefit from the relief sought in these proceedings, except as members of the public at large. This petition is purely motivated by considerations of public interest and not by any desire for personal gain or advantage to any individual, institution, or group.
- I affirm that I have made every effort within my means to gather all information and material relevant to the issues raised herein to assist this Hon'ble Court in assessing whether to entertain this petition and/or grant any relief sought. I further confirm that no material facts, documents, or information which could have influenced this Hon'ble Court's decision have been withheld.
- The accompanying Writ Petition has been prepared under my instructions. The factual assertions contained therein, except for the legal submissions, are true and correct to the best of my knowledge and belief. The legal averments are stated to be true and correct on the basis of legal advice received by me and believed by me to be accurate. For the sake of brevity and to avoid repetition, I do not reproduce the contents of the Petition herein, but they may be read as forming part of this affidavit.
- I state that no part of this affidavit contains any false statement and that no material fact has been suppressed.
- I have read and understood the contents of the Writ Petition, including the synopsis and List of Dates spanning pages ____ to ____, the main Petition from pages ____ to ____, paragraphs ____ to ____, and the Grounds from ____ to ____, as well as all accompanying applications. I affirm that the statements therein are true and correct to the best of my knowledge and belief. I further state that the Annexures appended to the Petition are authentic copies of their respective originals.
DEPONENT
VERIFICATION
Verified at New Delhi on this ___ day of __________ 20__ that the statements made in this affidavit are true and correct to my knowledge and belief. No part of it is false, and nothing material has been concealed.
DEPONENT
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