Public interest litigation
Neeraj Kumar Giri
(Querist) 07 March 2014
This query is : Resolved
Dear Experts,
Please give your opinion upon a case given below :
A person fighting against illegal mining and mafia in a district, for this he had started fighting from many days he wrote many complain to concern department like Police, DM,BL & LRO etc, and brought many information through RTI, he accumulated many evidences like news paper cuttings which itself prove that the illegal mining is running in its optimum level.
But no punitive action had been taken by the concern department appointed by Govt.because a share from that business were distributed to them also.
At last he filed a PIL under Article 226 of The Constitution Of India, in which the Respondent where the delinquent officials and the mafia engaged in illegal excavation, the Judgement of Honorable Court was that, a direction was passed upon the concerned Police to take a step to stop the illegal jobs which were being conducted by the help of Govt. Officials.
My question is :
1) If the Judge has reason to believe that the Respondent were not performed their duties they are one who give shelter to the mafia to carrying the illegal business and causing harm to the national properties, then how the order were directed to them for stoppage of the illegal business, because the document produced before the Hon'rable Court is sufficient to prove that entire department is involved in the said business.
2)If after the order passed for stoppage of the same, regardless of the order illegal business is running in its original form.
3)What to do next if the police, DM or other Department is not following the order of Court.
4)Is there any other option to call for Justice.
Sudhir Kumar, Advocate
(Expert) 08 March 2014
as a result of most of the PIL the defaulter department is asked to carry out their duty and which is implemented.
The implementation taken some more motions before the court.
Yours is not first case.
Devajyoti Barman
(Expert) 08 March 2014
1. Court has done right thing to get Police more proactive.
2. File contempt petition against Police department.
3.Same as above.
4.No, implement it by filing contempt proceeding if they fail to do so.
Anirudh
(Expert) 08 March 2014
Dear Mr. Neeraj Kumar,
Unless the exact contents of the Court Order is known, it is not possible to give answer to your query.
Rajendra K Goyal
(Expert) 08 March 2014
A continuous and restless effort has to be made in activating the govt. departments against their wishes and interests. Your efforts may not fetch desired results if you feel tired in your mission. Good luck.
R.K Nanda
(Expert) 08 March 2014
nothing to add more.
T. Kalaiselvan, Advocate
(Expert) 09 March 2014
Besides filing a contempt of court petition, mobilise the support of the general public and like minded people, make it a big issue by publishing it widely through press and media, create awareness, you will certainly get some results. But it needs some relentless efforts and there should not be any selfish motivation hidden behind such move.
Raj Kumar Makkad
(Expert) 10 March 2014
Your efforts should be multidimensional. Press, Court, Public agitation etc. shall have to be activated simultaneously to achieve your goal.
