Pil registration in the supreme court of india.
W
(Querist) 08 June 2021
This query is : Resolved
How long can the registration of a PIL take at the Supreme Court of India? Is there a time limit for checking defects? Is there a law in this regard? (Supreme Court rules of 2013 do not say anything about this). The court sections that checks defects has been checking documents for almost a year and does not give an answer, when will it end? The PIL received a Diary number, but there is still no permanent number - that is, the registration of the PIL has not been completed - although my PIL was filed a year ago. How can I obtain registration of the PIL?
KISHAN DUTT KALASKAR
(Expert) 08 June 2021
Dear Sir
If the staff members of scrutiny section are not satisfied with defects which have been attended then they will ask again and again to attend the same properly. If you have any grievance then approach concerned registrar of honorable Supreme Court.
W
(Querist) 08 June 2021
Hello, Sir. The court section (which responsible about my PIL) refers to the defects, but I fixed them long ago, but the answer from the court section - why the PIL has not been registered so far - this answer is not present (although I sent them a lot of emails and once earlier I sent my complaint to CJI - after this was no answer, but the section was changed to another, then this section was changed to another section for the third time - and the problem is still not solved) and the defects have not been deleted on the court's website during 8 months. I twice wrote a complaint to the Department of Justice - but there was never an answer.
The fact is that my PIL can very much help in solving many crises in the world, and the legislation 100% supports my PIL. But registration doesn't happen. The section is simply silent and does not provide an answer.
I suggested that the section (and this request was also sent to the General Registrar of the court) to communicate with me through a video conference in order to quickly clarify all the problems. But they did not respond to this request.
I need help getting this off the ground and registering my PIL and start considering it in court. Who can help me with this?
T. Kalaiselvan, Advocate
(Expert) 08 June 2021
Due to the current pandemic situation there are limited staff strength everywhere, hence the delay in getting the registration number is common.
However if you are still worried about it and want to have an early hearing, you may approach your advocate to take up the matter through the registrar of the supreme court and bring the matter in the list of next hearing
W
(Querist) 08 June 2021
Hello, Sir. Please tell me if there is an official way to involve a lawyer only for technical assistance to the petitioner (for example, for registration of a PIL only)? I am a petitioner party-in-person cannot and do not want to hire a lawyer to defend my PIL. But I need constant technical assistance in filing applications to the court (I have special conditions under which I need such assistance) - only for this I need a lawyer - is there such an option? if so, how will this type of lawyer's work be officially called?
T. Kalaiselvan, Advocate
(Expert) 09 June 2021
You can engage a lawyer practicing in supreme court to assist you from outside the court for all such ancillary issues related to your case and you can appear as party in person for the proposed PIL that you intend to file as a party in person.
W
(Querist) 09 June 2021
Sir, if you look at the correspondence above, you will see that my PIL has already been filed. The PIL received a Diary number, but there is still no permanent number - that is, the registration of the PIL has not been completed - although my PIL was filed a year ago.
So at the moment I need the help of a lawyer only to directly find out the reason - why the section of the court responsible for my PIL does not answer my questions? when will my PIL be fully registered? for what reason is it still not registered? Can they to communicate with me through a video conference in order to quickly clarify all the problems about defects? If not, why not?
How can a lawyer outside the court (not involved in my PIL) oficially ask the above questions to the court - the court registrar? Will the court allow it? How or In what capacity should a lawyer outside the court take steps as "technical lawyer" to assist me for this exact task? What official paper (not Vakalat) should he show to the court, so that the court is obliged to answer?
T. Kalaiselvan, Advocate
(Expert) 09 June 2021
The lawyer who practices in supreme court will be having an idea of what is to be done in the given situation.
He will guide you from outside how to proceed on this by writing a memo to the registrar and other details. Hence you were advised to take the help of an advocate from outside.
The advocate without a vakaltnama from you may not be able to talk to the registrar or any other official of the supreme court on your behalf, hence you were advised to take the assistance of an advocate from outside for all such issues.
P. Venu
(Expert) 09 June 2021
You may ascertain the case status from the Supreme Court website based on Diary Number.
W
(Querist) 09 June 2021
Sir, of course, I used my diary number to find out the status of the case (see my messages above) - but the problem is that the court section said a few months ago that after checking the received documents it will report the status of the case - this was already after I sent them my papers with updates or objections to the list of defects - but the section did not give a final answer, despite my numerous requests. Simple silence - how to deal with it?
Dr J C Vashista
(Expert) 10 June 2021
Procedural query do not involve any dispute for consideration and obligation of experts on this platform.
If you do not intend to engage an Advocate-on-Record and want to proceed as "Party-in-person" you should seek service of any registered clerk for removal of defect(s), if any, which can not be tutored on this platform.
P. Venu
(Expert) 10 June 2021
I am sorry. My earlier reply may be read as "Supreme Court website" Instead of Supreme Court. The reply has since been corrected.
W
(Querist) 01 July 2021
Where I can find service of any registered clerk for removal of defects for my PIL, which is filed in the Supreme Court of India? What contract should be drawn up with clerk if I hire him? - in my PIL I am party-in-person. I would not like to face a situation where payment is requested in advance and then the work is not done by the clerk.
W
(Querist) 01 July 2021
Where I can find service of any registered clerk for removal of defects for my PIL, which is filed in the Supreme Court of India? What contract should be drawn up with clerk if I hire him? - in my PIL I am party-in-person. I would not like to face a situation where payment is requested in advance and then the work is not done by the clerk.
T. Kalaiselvan, Advocate
(Expert) 01 July 2021
The registered clerk means a person who is deployed as a clerk by an advocate practicing in supreme court.
In fact they are people who will be knowing about all such technical defects and the answers to rectify them.
You may have to find one yourself by visiting the supreme court complex