Has the father of an accused locus standi for a writ against criminal court?
mohsinvehdani
(Querist) 10 April 2015
This query is : Resolved
My son has been falsely implicated in a criminal case and the trial court is reluctant for the last two months to hear his application for acquittal before trial concludes. I have filed a constitutional petition for issuance to direction to the trial court. High Court says that the petition should be filed by my son (accused) or by his counsel as I have no locus standi. I need some precedents whether a father of (unmarried and dependent) accused or a family member can approach the court for a writ?
Jayaraj Poojari
(Expert) 10 April 2015
What prevents your Son or his Counsel to act as per the directions of HC.
Sudhir Kumar, Advocate
(Expert) 10 April 2015
only heabus corpus petition is filed by third party relative of the missing person. In you case the case appears to be different.
Dr J C Vashista
(Expert) 10 April 2015
What is the opinion/advise of your and your son's lawyer?
Court has rightly observed/decided, being a third party you do not have any locus.
SAINATH DEVALLA
(Expert) 10 April 2015
What was UR son's lawyer doing? Was the decision to file petition in HC UR's or have been advised to do so
ajay sethi
(Expert) 10 April 2015
we dont provide citations . let your son move HC in this regard
Guest
(Expert) 10 April 2015
Any hitch for your son or his aadvocate in filing a writ with the HC and why you prefer to interfere in the process of law?
M/s. Y-not legal services
(Expert) 11 April 2015
Yes. Court says right only.. You have no rights file any petition on behalf of your son..
He is an alleged accused. So his counsel may act on behalf of your son..
SAINATH DEVALLA
(Expert) 11 April 2015
Gentleman, why are U keeping on dragging the query, when adequate replies have been given
Biswanath Roy
(Expert) 17 April 2015
1. Under which section of IPC your son's trial is going on?
2. What kind of 'WRIT' you preferred?
3. What kind of your grievance you like to place before the H.C. and what kind of relief you prayed for?
4. Why your son is reluctant to file WRIT?
5. Why you did not lodge your complaint for inaction of the Magistrate and pray for appropriate DIRECTION/relief from the Administrative Court functioning under the Chief Justice of the H.C.?
ON RECEIPT OF YOUR REPLIES I SHALL OPINE.
mohsinvehdani
(Querist) 30 April 2015
I am a law graduate but not practicing. I live in Karachi and the matter is in the HC of Sindh. I can not afford to hire a lawyer so I filed CP by myself. Now I have got my power of attorney signed by my son to act as his pleader u/s 4(r)2, Cr.P.C. In the meanwhile, I insisted on trial court to start trial on daily basis and complete it asap. It is now completed and this morning the judge will pass the judgement and my son would be acquitted, hopefully.
Thank you very much for your co-operation. I am really very much impressed.
Biswanath Roy
(Expert) 30 April 2015
You are always welcome to this platform as and when you need our opinion and advice. Although you are a resident of Karachi yet you are our brother.
mohsinvehdani
(Querist) 01 May 2015
Thank you very much, Mr. Roy. Yes, of course, we are brothers... Most of my relatives live in India and we don't think apart. We, all, are sons of the same soil and political divisions can not divide us.
Biswanath Roy
(Expert) 01 May 2015
I MUST PAY HONOUR TO YOUR FEELINGS. WHEN BRITISH INDIA WAS DIVIDED IN A MEETING BETWEEN LORD CASSEY ON BEHALF OF BRITISH SOVERIGN AND QUADE AZAM ZINNHA, LIQUAT ALI KHAN REPRESENTING MUSLIM LEAGUE AND M.K. GANDHI, PDT. JAWAHARLAL NEHERU AND SARDAR BALLAV BHAI PATEL AT KOLKATA, I WAS A COLLEGE GOING BOY OF 17 YEARS THAT TIME. SO I AM THE EYE WITNESS OF THAT PAINFUL SCENARIO WHEN MANY HINDUS AND MUSLIMS SHEDED THEIR TEARS.
