Violation of any constitutional or legal right or any burden is imposed in contravention

7. On the other hand, the Supreme Court of India defined the concept of PIL in S.P. Gupta v. President of India and others (AIR 1982 SC 149) as under:

“Where a legal wrong or a legal injury is caused to a person or to a determinate class of persons by reason of violation of any constitutional or legal right or any burden is imposed in contravention of any constitutional or legal provision or without authority of law or any such legal wrong or legal injury or illegal burden is threatened and such person or determinate class of persons is by reason of poverty, helplessness or disability or socially or economically disadvantaged position, unable to approach the court for relief, any member of the public can maintain an application for an appropriate direction, order or writ in the High Court under Art.226 and in case of breach of any fundamental right of such person or determinate class of persons, in the Supreme Court under Art. 32 seeking judicial redress for the legal wrong or injury caused to such person or determinate class of persons.” 

Part Of Judgment
Lahore High Court
Writ Petition-Criminal Proceedings-Detention/habeas
409-20
2020 LHC 200