How to file pil
Chaitali
(Querist) 21 August 2012
This query is : Resolved
Hi,
I wanted to know if there is any online option available to file PIL. I am not a lawyer so not sure how to do it. I want to file a PIL against the traffic police in India. In almost all the states, particularly metros they misuse their power and take bribes and if you deny to bribe them they issue chalans with false sections (citizens are not aware of all the sections). Like it happened in Delhi and Lucknow throughout India Traffic Police's power to issue chalan should be curbed or limited. Everyday I see trucks billowing smoke on road but TP are not interested in restricting them but they harass the civilians plying on a 1 year old car or bike for PUC. Particularly being a woman I have to face this harassment more frequently, as it is much easier for them to bully girls into paying bribe by saying they'll lock you up. I know I can complain to police against an officer but given our corrupted system I also know this will just backfire. But I am totally disgusted since this time I was sick of bribing the TP and he charged me under 190,184 and god knows wat and was shouting to lock me up when I said I'll not pay bribe he can issue a chalan. Only after coming back home did I check what these sections meant. This happened in Kolkata. Kolkata suddenly has woken up to thousands of new born TPs most probably inducted through bribes whose only purpose in life is to harass the civilians but if some accident happens infront of them they suddenly turn blind. Please let me know how I can file a PIL against the authorities, is it possible to file PIL without a lawyer, if not how much do lawyers usually charge for such services. Or probably I'll just request Mamata Banerjee to adopt me as her niece.
Regards
Sudhir Kumar, Advocate
(Expert) 21 August 2012
Prima-facie impression one gets is that you are perhaps a chronic traffic defaulter and want to settle your personal score with some cops. One ordinary citizen is not stopped every day by the TP.
For filing a PIL you should not be personally interested in the matter. At the most you can be interested as a member of public.
Once filed you are not allowed to withdraw.
This can be filed in High Court or Supreme Court only.
Please be sure exactly what directions you want to seek from the Court and to whom.
Raj Kumar Makkad
(Expert) 21 August 2012
PIL can also be filed in lower court under section 91 of civil Procedure Code by two or more persons with the prior permission of the court on any social cause as you are trying to raise. It shall be better to engage a lawyer for this purpose.
Chaitali
(Querist) 21 August 2012
I am not stopped everyday please dont write somthing based on your imagination. And ofcourse this is personal too..How can living in a better society not be personal. Also if possible I would like to make sure that I am not booked under false charges for not agreeing to bribe. And the topic here is about dishonesty of TP and not my intentions. I am yet to meet a person who thinks TP are a honest lot. And if only IG of Lucknow and Delhi would have thought in your way about all the public complaints they got then those cities would have continued with the harassment.
http://post.jagran.com/Lucknow-traffic-cops-stripped-of-power-to-issue-challans-1338447902
I have absolutely no problem if e challan is issued with a photograph of the offence commited. All I am seeking is to limit the power to issue challans onspot by humans to avoid harassment. Machines can still be relied upon for not succumbing to greed.
Anyways it didnt answer my query of whether there is a way to submit PIL online
Sudhir Kumar, Advocate
(Expert) 22 August 2012
Nobody says the TP are honest.
you have been intimted of the parameters of PIL. It is for you to decide if to file online or on hard copy.
Guest
(Expert) 22 August 2012
Good proposal to centralise powers and your wish for Mamta Banerjee to adopt you as a niece (not as daughter).
By the way, on whom you would prefer the powers of challans to be vested with? Also, what do you propose to do if Mamta Banerjee treats you as her niece, as adoption as niece may not be legally possible.
Chaitali
(Querist) 22 August 2012
Power to issue challans would ofcourse remain with the police but the power to stop a vehicle and issue challans onspot without any evidence and just out of their fancy is what I am against. Their word should not be accepted as the word of God. Atleast in most of the metros now that camera is installed corruption can be stopped by utilising those. I am proposing an automated system, most of which is already in place. If someone is really pushing the speed limit or breaking the signal and is picked up by the system let them face the penalty.
Here you can find a dozen TP to an actual plyer on road ganging up and rounding up people instead of maintaining the Traffic.
And lets say I propose to love her as my dearest Aunt if adopted (legally or otherwise) as her niece ;)
Guest
(Expert) 22 August 2012
Why do you think that only PIL can do miracles and not some convincing suggestions if you give to the concerned Police Commissioner for improvement in the system?
Chaitali
(Querist) 22 August 2012
Yep sure can do that but for that first my wish has to come true....I havent yet heard anything like that happening if a suggestion is made by a non-influencial civilian. And secondly I would like to have such a law across states......
Nadeem Qureshi
(Expert) 23 August 2012
http://www.supremecourtofindia.nic.in/
