PIL
Querist :
Anonymous
(Querist) 02 February 2010
This query is : Resolved
Learned Experts,
I am an unemployed disabled person wish to file PIL at Hon'ble Supreme Court. Approximately How much it will cost. I have no personal earning depends on father and brother, so can I get or avail legal aid of Hon'ble Supreme Court? Plz. suggest.
My regards to all of You.
A V Vishal
(Expert) 03 February 2010
A PIL can be filed when the following conditions are fulfilled:
- There must be a public injury and public wrong caused by the wrongful act or omission of the state or public authority.
- It is for the enforcement of basic human rights of weaker sections of the community who are downtrodden, ignorant and whose fundamental and constitutional rights have been infringed.
- It must not be frivolous litigation by persons having vested interests.
A PIL may be filed like a write petition. However, in the past the SC has treated even letters addressed to the court as PIL. In People’s Democratic union v Union of India, a letter addressed by the petitioner organization seeking a direction against the respondents for ensuring observance of the provisions of famous labour laws in relation to workmen employed in the construction work of projects connected with the Asian games was entertained as a PIL.
The SC has encouraged the filing of PIL for tackling issues related to environment, human rights etc.
Querist :
Anonymous
(Querist) 03 February 2010
Sir, thanks for the reply.
A letter issued by the state govt authority on the basis of a judgment of the high court, which lifted the restriction imposed by the act on sale of schedule caste/backward caste property. Lands started being registered without any permission from concerned Deputy commissioner. Later the act included in 9th schedule in 1979 and that judgment too got set aside/rendered per in-curium by the larger bench after 1984. But by the mean time lakhs of property got registered. So, what will be the fate of those sale deeds, Since they suffered due the letter issued by the state govt. Still it is being registered without any permission from concerned Deputy commissioner, on asking registrar says after that letter, no other letter has been issued to us by the state govt., which puts restriction. So, why we should refuse to register without permission. Widespread confusion is prevailing. In this case what can be done? Where shall I consult regarding this matter. Plz. suggest.
G. ARAVINTHAN
(Expert) 03 February 2010
Try to contact legal aid office at your High Court - They will direct you in right way
Querist :
Anonymous
(Querist) 03 February 2010
Sir thanks for the prompt reply.
My state high court has set aside it;s earlier judgment two times recently. Some local lawyers suggest that only at supreme court there is a hope.
Raj Kumar Makkad
(Expert) 03 February 2010
You can get legal help in the given circumstances from the Legal Aid Fund of Supreme court.
Sachin Bhatia
(Expert) 03 February 2010
Yes you can get Legal Aid in Hon'ble Supreme Court.
