Suo Moto Action
Parthasarathi Loganathan
(Querist) 13 March 2010
This query is : Resolved
Under What circumstances Court intervenes in a Public Interest matter and takes suo moto action? Who is empowered to take decision or direct any Public Authority to act non-detrimental to Public Interest. Please attach copy of precedents if our learned brothers have in their hard disks. Thanks in advance
Raj Kumar Makkad
(Expert) 13 March 2010
Partha Sir!
You are very well known that High court or apex Courts take up such public interest matters if in their eyes the matter relates to be taken by them for the proper establishment of Rule of Law. They can direct the public authorities suo-moto to take action in that matter which is detrimental to the interests of common person. There are various instances in the given matter.
Parthasarathi Loganathan
(Querist) 13 March 2010
My doubt is that whether General Public can bring to the kind notice of the Honorable courts to initiate Suo Moto actions against Public Authorities who act detrimental to the interests of common man.
Raj Kumar Makkad
(Expert) 13 March 2010
Yes, Public can also bring such instances before courts.
Parthasarathi Loganathan
(Querist) 13 March 2010
Could I be apprised of the procedures involved and the statutory framework governed ? Issues related to deficiencies in services, public transport woes, etc where redressals are not forthcoming has to be brought to the notice of court for taking suo moto action. Please guide me and enclose draft materials matching precedents
Raj Kumar Makkad
(Expert) 13 March 2010
In such cases even local civil court can take notice. You 2 publi persons shall have to obtain prior permission to file such suit as you referred and on getting permission go on with the case.
Parthasarathi Loganathan
(Querist) 14 March 2010
I will get narrate you a glaring example. There is blanket ban imposed by the Government on the basis of ruling by Apex court that Mount Road is declared as a poster /banner free zone. This has been time and again violated and courts are silent of this. This position is prevalent all over the country. What is the solution?
