When & How Also You Can file Writ /PIL /Petition in High Court

Dr. Subramniam Swamy was right when he said on India TV, Aap Ki Adalat, Rajat Sharma TV show, that "It is good if Janlokpal Bill is passed, but even if it is not passed, I can show you that the existing laws are enough in this country to deal with corruption".

Here, I will try to simplify to you, how tomorrow you can go in any high court and file any writ/petition/PIL.

No High Court is likely to refuse your petition if you meet certain simple requirements.

What is a Writ Petition?

It is a simple application to High Court which basically says FOUR things most clearly

1) Look, this Authority is not doing ..............................................................

2) Inaction of authority violates my Fundamental Rights .........................................................

3) Though, I made several applications to Authority, it is not giving reply or it has given a wrong reply.

4) I have paid Rs.50/-Court fee on this application.

That's it. Nothing more. Don't write Mahabharat or Ramayan or your entire story. The Judges have hardly time to read long stories. Be brief.

How to File a PIL?

PIL is nothing but a Writ Petition. In addition, you may have to satisfy court that you are not a busybody.
At present don't think about this. This is a complicated issue. If you go to file PIL just for publicity, High Court may fine you about Rs.10,000/-to Rs.50,000/-

An Example of How to File a Writ Petition:

Suppose you are not getting clean and clear Drinking Water in your area.

1) Go to Supreme Court of India website. Find Judgement of 2010 which says that "To get free Drinking water is a Fundamental Right.

2) Now file writ petition in High Court. Say that you are not getting free drinking supply. Show High Court judgement which says that Drinking water is fundamental right. Then, show that though you wrote repeated letters to authority, no one is taking proper steps.

That is enough. High Court will help you.

Is this as easy as filing an RTI Application?

Yes. But do take assistance of a lawyer. And file through an advocate. (An RTI officer is bound to give you reply, High Court is not bound to accept your application. It can reject it without giving you any reason. These are their special powers! So be very very humble in drafting your application and while making submission in High Court).

But What about Filing PIL Petitions to Expose 4G,5G,6G ...1000G Scams?

Don't be in a hurry to become Dr. Subramaniam Swamy in one day.

It takes time to develop muscles to fight against corruption. Justice A.K.Ganguli has already given a judgement with which you can file complaint before any Magistrate.

But these are all Life Risking and Dangerous litigations. Don't do this. Instead, just send your complaint to Commissioner of Police, and if he does not take action, then seek help of High Court.

Haresh Raichura
30/4/2012

Inspired by Interview of Dr. Subramaniam Swami, seen on India TV on 28/4/2012


3 comments:

  1. extremely useful as well as warned properly to just enthusistic reader about possible consiquences

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  2. "These are life risking and dangerous". You said some thing which is well appreciated by the general public. Otherwise why only some interested parties take the shelter of the PIL route ? If Dr SS is taking up such issues it is only because he has the strategic defence systems in position.

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  3. Very inspiring post. I read all your posts, and I think this is one of the more practically useful and better ones. It has inspired me to file a Writ Petition about a fundamental right that is denied to our locality inspite of writing about 50 letters to the Mumbai Muncipal Corporation.

    However I am unsure how to find the relevant judgement that will support our cause. Do you think you can help me by talking to me on the phone for, lets say, about 15 minutes?

    My number is 99696-13412 if you think it better for you to call me. Or if you would prefer me calling you, kindly let me know the details. My email is dinipc@gmail.com

    Thank you very much for your help.

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