June 29, 2013

If you want to send PIL by post, where and how you can send it - A suggestion

If you want to send PIL by post, where and how you can send it - A suggestion. I am prompted to write this post, because today a morning a Doctor from Gujarat send me SMS making this query.


First Thing : People are not allowed to address letters to any Judge.

But in 1983, even a post card to a judge, was being treated as PIL.

In 1986, I asked a widow to drop an Inland letter to a Judge in Gujarat High Court. The inland letter was treated as writ petition and pension was released to her.

Thereafter, things have changed. There are Public Interest Litigation Cells in Supreme Court and in All High Courts.

They process letters from public.

They examine if the letter falls into criteria fixed by them.

If it does, then they place it before Court where it is treated as SUO MOTTO petitions.

If letter does not fall in criteria, and still there is something which need to be done, they forward such letter to High Court, Subordinate Court or to authority for looking up in grievance raised in letter. They are not bound to act or reply such letters. No RTI application can be possible status of such letter.

If the issue is of national interest, affecting two or more States, one can send public related grievance to The Hon'ble Chief Justice of India, PIL Cell, Supreme Court of India.

Such post should be sent by ordinary post. Because there is no obligation on courts to receive or to examine or to reply such posts.

If issue relates to a state matter, it can be addressed to : Hon'ble Chief Justice of the Concerned High Court.

District Judges also have such powers, but exercise of such power by them is not much seen.

If applicant is poor, he is given legal aid.

Normally, bonded labourers, child labourers are some such categorise which can be examined by court.  

Language should be mild and humble.

Facts should be brief and precise. 

Address of authorities supposed to take action must be clearly set out. 


While writing you should avoid giving any specifics about any antisocial elements. This can create direct enmity with you and you may have to suffer for writing letters. Do not write anything which may land you in trouble. 



LEGAL BASE OF SUCH POWER


All judges are empowered to take action on 1) Basis of applications made to them and 2) Also on basis of their own information or on information came to their notice.

It is this second part, which gives judges power to take SUO MOTTO actions.

Haresh Raichura
29/6/14