LOCUS STANDI

It was made clear in Janta Dal v. H.S Chaudharyi only a person acting bonafideii and
'having sufficient public interest' in the proceeding of Public Interest Litigation will
have alone the locus standi but not a person for personal gain or political motive or
any oblique consideration. The Supreme Court has ruled that to exercise its
jurisdiction under Art. 32, it is not necessary that the affected person should personally
approach the court. In S.P Gupta V. Union of Indiaiii the court observed that “any
member of the public having sufficient interest can maintain an action for judicial
redress for public injury arising from breach of public duty or from violation of some
provisions of the Constitution or the law and seek enforcement of such public duty and
observance of such Constitutional or legal provision”. When a person acquires a
locus standi, he has to have a personal or individual right which was violated or
threatened to be violated.iv

The petitioner Kustavo Kavaria who was serving his term in prison wrote a letter to
the Supreme Court of Zedellin claiming for violation of basic human rights against the
government of Zedellin there capable of acting bonafide

Therefore locus standi of the petitioner should not be in question.

i
Janta Dal v. H.S Chaudhary AIR 1981 SC 892
ii
Fertilizer Corporation Kamgar Union v. Union of India AIR 1981 SC 844
iii
AIR 1982 SC 489
iv
Calcutta Gas Co. Ltd. V. State of West Bengal, AIR 1962 SC 1044.