ragging and inaction
Sumir
(Querist) 28 May 2009
This query is : Resolved
I was ragged in 05 n again in 07,i have approached all level officials of my institute as well as police,continously fighting without lossing hope but political powers are bigest hurdle.even maharashtra human rights commission have showed helplessness,infact its judgement in the case is vague,judgements of state information commission is also absured,in short i have enough proof of proving my complain true but due to high links of institue big authorities (as above) are also bowing.i wrote an email to Honble SC,but recieved letter that it cant be entertained as it is not PIL. How to approach high court(i cant afford fees)
Y V Vishweshwar Rao
(Expert) 28 May 2009
Mr Sumir I advise you to approach the Mumbai Advocates who are registerd with this Web Site i.e;- Sri Palnitker , Sri Nanda K Sawant and other advocates who are practicing in Mumbai, Arungabad, Nagapur - Maharastra ,they will help you in this regard - pl see Lawyers Search- Maharastra- on this - Lawyerclubindia -
Guest
(Expert) 28 May 2009
If you send all the available documents lying with you to my e-mail address, I prepare a draft to file a writ petition in bombay high court and after filing the writ petition, you can argue the case yourself.
Guest
(Expert) 28 May 2009
Mr. Sumir, include each and everyone (who has not acted on your application also) as a party in your petition and Seek huge compensation. Approach the learned experts for necessary help or alternatively you can seek the help of legal-aid cell at your state (to avail the services you must be within the specified income range). As the PIL has been adversely remarked by SC as 'Publicity interest Litigation', the number of PILs (even genuine ones) has been reduced. As you have said, Human Rights commission is not at all functional. (Nowdays it's His rights commission!)
Sumir
(Querist) 29 May 2009
Dr. Prabhakar, I have hundreds of documents, and I personally think that I myself will be able to argue the case best (I wish to draft the case by my own, though I am MBBS student but have considerable knowledge about anti ragging law ), only if you can answer my following query; I will think that I am blessed by you:
1. The writ whould bear title "Criminal writ petition" right?
2. What is meaning of ordinary and extraordinary?
3. Fees payable to court in such cases?
4. Number of copies to be given to court?
5. Since I want to levy charges of ragging, destruction of evidences etc, are such cases time bound, and will court reject if their is delay by me in filing case?
6. Any copy of writ petition, wherin petitioner wants to move to HC for inaction of police, that you can give me or email me as a model? ( my email is myname followed by yahoo dot com.
Guest
(Expert) 29 May 2009
After answering two P.M.s, you sent today, I saw the above querry and I answer your questions point-wise.
1. To decide whether the writ petition is civil or criminal depends on the relief you seek. If you are asking any criminal prosecution against any one under various criminal laws, then criminal writ petition lies under Article 226 of the Constitution of India. It appears to me (without going into contents of your petition) that criminal writ petition lies.
2. All the writ petitions (civil/criminal) are extraordinary jurisdiction. The power that the court gets in disposing these writs are neither out of civil laws nor criminal laws but out of constitutional law of India (Article 226) and hence it is extraordinary. The powers court enjoys under this jurisdiction are extraordinary and unlimited except self-imposed restrictions.
3. Very, very nominal. Only Rs.50/- (rupees fifty only).
4. Two original copies for the court and one copy to every respondent and one copy for your record purpose. If the respondents (such as human rights commission / authority under RTI/ police department etc. have standing counsel/nominated counsel) they have to be served advance copy and they may ask two coopies to distribute among their advocates.
5. No. generally the limitation is 90 days from the date of cause of action. But in writ jurisdiction, it is not applicable. If the petition needs attention of the court, they will not bother if the petition is delayed.
6. The proforma of writ petition varies from one high court to another high court.
I practice in Delhi High Court and I do not have any ready-made writ petition against police inaction. There is one other way. There is a book "Law of writs" written by Sh. G. Ramachandran and you can see it in bombay high court and in this book at the end, the model writ petitions are placed, which may be helpful for you.
B.B.R.Goud.
(Expert) 01 June 2009
i do agree with learned friends for their nice explanation.
