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Shambasiv (n/a)     01 November 2007

Constitution of India

[align=center]The right to move the Supreme Court by appropriate proceedings for the enforcement of fundamental rights is guaranteed.[/align]
[align=justify]"".... Where a member  of the public acting bona fide moves the Court for enforcement of a fundamental right on behalf of a person or class of persons who on account of poverty or disability or socially or economically disadvantaged position, cannot approach the Court for relief, such member of the public may move the Court even by just writing a letter, because it would not be right or fair to expect a person acting pro bono publico to incur expenses out of his own pocket for going to a lawyer and  preparing a regular writ petition of being filed in Court for enforcement of the fundamental right of the poor and deprived sections of the community and in such a case, a letter addressed by him can legitimately be regarded as an 'appropriate' proceeding.""

- The Supreme Court of India in Bandhua Mukti Morcha v. Union of India, (1984) 3 Supreme Court Cases* 161 (at 187).[/align]


Learning

 1 Replies

DISHA D. SHAH (lawyer)     26 March 2010

thanks


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