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Tag: Public Interest Litigation

The National Highway Projects in the State of Bihar Vs State of Bihar on 10 May 2022

Posted on May 26, 2022 by ShadesOfKnife

The Court-1 of Patna High Court passed the following guidelines to the State and Oil Companies…

69. In furtherance of the above discussions, we find it necessary to issue the following directions:-
i) The Chief Secretary, Government of Bihar, to convene a meeting of all stakeholders to examine the best and most efficient way to realize the multifarious benefits arising from the establishment of petrol pumps with equal importance being placed upon economic, social and environmental aspects. Also ensure that a sample survey for ascertaining the requirement of additional fresh Petrol Pumps/Gas Retail Outlets is carried out at the earliest.
ii) The Development Commissioner, Government of Bihar, who is already seized of the matter shall take expedient steps in furtherance of the action(s) taken thus far.
iii) The State, National Highways Authority of India and the Oil Marketing Companies consider constituting Public toilets and public conveniences at places easily identifiable and accessible by the public at large, and in this regard, signboards of “Public Toilets” or “Private Toilets” be displayed at the retail outlets. Such facilities should be easily accessible by the ladies walking or driving on the roads.
iv) The amenities constructed should be done so, keeping in mind accessibility for persons with disabilities. The State has a responsibility to provide them equitable access to basic amenities while undertaking road travel, in light of the Constitution of India and the various international Human Rights obligations.
v) All toilets be adequately staffed for taking care and maintaining the same with a proper system for the disposal of sanitary napkins.
vi) Authorities may also consider making it necessary/mandatory for all the Dhabas/ Restaurants on the highways to make available public toilets and drinking water facilities for the use of the general public. While granting permission to such establishments, authorities should consider incorporating specific conditions regarding the provision of toilets and restrooms. Also, maintain the same hygiene, failing which their  registration/ permit is cancelled.
vii) The State Authorities and corresponding Central Authorities will take expedient steps to check the practice of the black-marketing or open unauthorized sale of petrol/diesel and initiate action after the proper investigation against units aiding the perpetuation of such practice.
viii) The Oil Marketing Companies to take steps to verify the continued interest or otherwise of the allottees/proposed allottees. The entire pending
process of allotment shall be finalized within the time stipulated in the minutes of the Development Commissioner, Bihar.
ix) The authorities may consider the development of a mechanism to:-
(a) institute a randomized checking system to ensure facilities and resources’ quality and proper availability.
(b) in consultation with OMCs and furtherance of the Statutory obligation take constructive steps to ensure sustainable use of resources and all other
related issues.
(c) Prepare a digital platform furnishing complete information of such places of convenience to the general public with a provision of lodging online remarks.

The National Highway Projects in the State of Bihar Vs State of Bihar on 10 May 2022
Posted in High Court of Patna Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Article 21 - Protection of life and personal liberty Public Interest Litigation Reportable Judgement or Order The National Highway Projects in the State of Bihar Vs State of Bihar | Leave a comment

Hrishikesh Jaiswal Vs State of Madhya Pradesh and Others

Posted on November 7, 2021 by ShadesOfKnife

A NLIU Bhopal student, Hrishikesh Jaiswal, had filed this WP, in-person seeking effective implementation of the Motor Vehicle Rules in the State of Madhya Pradesh.

Notice issued

Hrishikesh Jaiswal Vs State of Madhya Pradesh and Others on 25 Oct 2021
Posted in Judicial Activism (for Public Benefit) | Tagged Hrishikesh Jaiswal Vs State of Madhya Pradesh and Others Petitioner In Person Public Interest Litigation | Leave a comment

PIL – Principal District Judges to have Writ Jurisdiction by implementing Article 32(3) of Constitution

Posted on September 27, 2021 by ShadesOfKnife

Taking inspiration from the article regarding the proposal of learned senior counsel K.M. Vijayan here, I decided in 2019 to explore the subject deeper in various angles.


Article 32(3) of Constitution of India says so,

32. Remedies for enforcement of rights conferred by this Part.—
(1) The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed.
(2) The Supreme Court shall have power to issue directions or orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate, for the enforcement of any of the rights conferred by this Part.
(3) Without prejudice to the powers conferred on the Supreme Court by clauses (1) and (2), Parliament may by law empower any other court to exercise within the local limits of its jurisdiction all or any of the powers exercisable by the Supreme Court under clause (2).
(4) The right guaranteed by this article shall not be suspended except as otherwise provided for by this Constitution.


Statistics

S.No High Court Name Civil Criminal Total Cases Pending Writs % of Writs
1 Allahabad High Court          420,043          378,888       798,931                            286,765 35.89%
2 Bombay High Court          462,687            92,129       554,816                            128,649 23.19%
3 Calcutta High Court          188,685            36,436       225,121      – 0.00%
4 Gauhati High Court            44,289            10,527         54,816  23,217 42.35%
5 High Court for State of Telangana          211,877            36,335       248,212  129,727 52.26%
6 High Court of Andhra Pradesh          186,214            32,288       218,502  112 (Doubtful) 0.05%
7 High Court Of Chhattisgarh            49,575            28,077         77,652  28,517 36.72%
8 High Court of Delhi            72,414            26,526         98,940  41,854 42.30%
9 High Court of Gujarat          101,467            50,669       152,136  506 (Doubtful) 0.33%
10 High Court of Himachal Pradesh           69,976              9,831        79,807    13,045 16.35%
11 High Court of Jammu and Kashmir            43,622              6,788         50,410                              21,048 41.75%
12 High Court of Jharkhand            41,539            45,885         87,424                              26,710 30.55%
13 High Court of Karnataka          239,725            42,018       281,743                              71,252 25.29%
14 High Court of Kerala          175,453            45,791       221,244                              85,192 38.51%
15 High Court of Madhya Pradesh          250,808          154,057       404,865  119,088 29.41%
16 High Court of Manipur              4,304                 457           4,761  2,354 49.44%
17 High Court of Meghalaya              1,308                 160           1,468  747 50.89%
18 High Court of Punjab and Haryana          283,359          166,895       450,254  183 (Doubtful) 0.04%
19 High Court of Rajasthan          414,971          148,113       563,084  157,668 28.00%
20 High Court of Sikkim                 174                   35              209  101 48.33%
21 High Court of Tripura              1,368                 235           1,603   620 38.68%
22 High Court of Uttarakhand            24,256            16,687         40,943   16,834 41.12%
23 Madras High Court          524,174            61,435       585,609  87,240 14.90%
24 Orissa High Court          130,834            52,746       183,580  81,447 44.37%
25 Patna High Court          111,608          114,222       225,830  76,495 33.87%
TOTAL      4,054,730      1,557,230   5,611,960   1,399,371 24.94%

 

Source: https://njdg.ecourts.gov.in/hcnjdgnew/?p=main/pend_dashboard ; As on 28-Sep-2021

So, a total of 25% of the total cases pending


Identified the various stakeholders that may be impacted if this relief materializes.

If the Writs are allowed to be filed and decided at District Court level,

  • Litigant Public: The litigant public doesn’t have to incur huge expenses in traveling to the venue of the High Court, engaging a High Court advocate, Have it listed and then keep running expenses from time to time. They can filed their Writ at the District Court itself and engage a competent advocate locally and have considerably less expenses and less timelines to face.
  • Learned Advocates: Advocate can take up/file Writs at District level and they do not have to move the High Court. Those advocates who do not practice at High Courts currently, can very well handle Writs at District Court itself, by providing cost-effective legal services.
  • Hon’ble Judiciary at District Courts: Considering the current strength of the judges at Supreme Court (33 as on 27-09-2021), High Courts (633 as on 01-09-2021; 465 vacancies as per Vacancy report of Dept of Justice, https://doj.gov.in/appointment-of-judges/vacancy-positions), District Courts (), and the constant onslaught of Writs being filed at High Courts year-on-year, it is near impossible for the 33+633 Judges to get a considerable grip on the Writ-pendency and dispose of the Writs in a time-bound manner. The District Judiciary also gets to work on one of the jurisdictions that they do not have access to, which is Writ Jurisdiction.

Considering the above facts and need of the hour, it is imperative that the Parliament makes a law (even for a limited time like a year) to decentralize the Writ jurisdiction and grant District judges (including Addl DJs, Special Courts, Family Courts, Labour Courts etc) to take up and dispose Writ petitions at their level itself.


List of Goals here.

Posted in Judicial Activism (for Public Benefit) | Tagged PIL - Principal District Judges to have Writ Jurisdiction by implementing Article 32(3) of Constitution Public Interest Litigation | Leave a comment

Ashwini Kumar Upadhyay Vs UOI and Anr on 03 Sep 2019

Posted on August 29, 2021 by ShadesOfKnife

Sri Ashwini Upadhyay ji filed this PIL at Delhi HC seeking the following prayers, which got dismissed saying that there is no public interest in this petition and the prayers are in the realm of Legislature but not Judiciary.

a) direct the Union of India to ascertain the feasibility of implementing 24th recommendation of National Commission to Review the Working of the Constitution (Justice Venkatchaliah Commission) on Population Control;
b) declare that State may set Two Child Norm, as a criteria for government jobs, aids and subsidies, and, may withdraw statutory rights viz. right to vote, right to contest, right to property, right to free shelter, right to free legal aid etc.;
c) direct the Government to declare First Sunday of every month as ‘Health Day’ in place of ‘Polio Day’ to spread awareness on population explosion and provide contraceptive pill, condoms, vaccines etc. to EWS and BPL families, with polio vaccines;
d) in the alternative, direct the Law Commission of India to prepare a comprehensive Report on Population Explosion within three months and suggest the ways to control it; and,
e) direct the Government of India to take appropriate and reasoned steps on petitioner’s Representation dated 2.5.2018 within three months;
f) pass such other order(s) or direction(s) as this Hon’ble Court may deem fit and allow the cost of the petition to petitioner.

Ashwini Kumar Upadhyay Vs UOI and Anr on 03 Sep 2019
Posted in High Court of Delhi Judgment or Order or Notification | Tagged Ashwini Kumar Upadhyay Vs UOI and Anr PIL - Population Control and Two Child Norm Public Interest Litigation | Leave a comment

In re UTP Dipak Joshi, lodged in Dum Dum Central Correctional Home

Posted on March 23, 2021 by ShadesOfKnife

 

On 2021-03-22

High Court raised a question if State Government is considering any payment to Dipak Joshi,towards Compensation or damages for 41 years of incarceration without trial.

In re UTP Dipak Joshi, lodged in Dum Dum Central Correctional Home on 22 Mar 2021
Posted in High Court of Calcutta Judgment or Order or Notification | Tagged In re UTP Dipak Joshi lodged in Dum Dum Central Correctional Home PIL - Under Trial Prisoners Public Interest Litigation | Leave a comment

KK Ramesh Vs Union of India and Ors on 04 Feb 2021

Posted on February 22, 2021 by ShadesOfKnife

Petitioner prayed Madras High Court to direct Central Govt/RBI prints Netaji Subhash Chandra Bose’s pictures on Indian Currency. Due to Judicial Restraint, High Court directed Govt/RBI to consider the representation earlier given by the Petitioner.

KK Ramesh Vs Union of India and Ors on 04 Feb 2021

Citations :

Other Sources :

Posted in High Court of Madras Judgment or Order or Notification | Tagged Judicial Restraint KK Ramesh Vs Union of India and Ors Public Interest Litigation | Leave a comment

Lily Thomas Vs Union of India and Ors on 10 Jul 2013

Posted on November 1, 2020 by ShadesOfKnife

Supreme Court has struck down the Section 8(4) as ultra vires to the Constitution which was in the following fashion,

(4) Notwithstanding anything in sub-section (1), sub-section (2) and sub-section (3) a disqualification under either sub-section shall not, in the case of a person who on the date of the conviction is a member of Parliament or the Legislature of a State, take effect until three months have elapsed from that date or, if within that period an appeal or application for revision is brought in respect of the conviction or the sentence, until that appeal or application is disposed of by the court.

From Paras 19 and 20,

19. The result of our aforesaid discussion is that the affirmative words used in Articles 102(1)(e) and 191(1)(e) confer power on Parliament to make one law laying down the same disqualifications for a person who is to be chosen as member of either House of Parliament or as a member of the Legislative Assembly or Legislative Council of a State and for a person who is a sitting member of a House of Parliament or a House of the State Legislature and the words in Articles 101(3)(a) and 190(3)(a) of the Constitution put express limitations on such powers of the Parliament to defer the date on which the disqualifications would have effect. Accordingly, sub-section (4) of Section 8 of the Act which carves out a saving in the case of sitting members of Parliament or State Legislature fromthe disqualifications under sub-sections (1), (2) and (3) of Section 8 of the Act or which defers the date on which thedisqualification will take effect in the case of a sitting member of Parliament or a State Legislature is beyond the powers conferred on Parliament by the Constitution.

20. Looking at the affirmative terms of Articles 102(1)(e) and 191(1)(e) of the Constitution, we hold that Parliament has been vested with the powers to make law laying down the same disqualifications for person to be chosen as a member of Parliament or a State Legislature and for a sitting member of a House of Parliament or a House of a State Legislature. We also hold that the provisions of Article 101(3)(a) and 190(3)(a) of the Constitution expressly prohibitParliament to defer the date from which the disqualification will come into effect in case of a sitting member of Parliament or a State Legislature.Parliament, therefore, has exceeded its powers conferred by the Constitution in enacting sub-section (4) of Section 8 of the Act and accordingly subsection(4) of Section 8 of the Act is ultra vires the Constitution.

From Para 23,

…

Sitting members of Parliament and State Legislature who have already been convicted for any of the offences mentioned in sub-section (1), (2) and (3) of Section 8 of the Act and who have filed appeals or revisions which are pending and are accordingly saved from the disqualifications by virtue of sub-section (4) of Section 8 of the Act should not, in our considered opinion, be affected by the declaration now made by us in this judgment.

…

However, if any sitting member of Parliament or a State Legislature is convicted of any of the offences mentioned in sub-sections (1), (2) and (3) of Section 8 of the Act and by virtue of such conviction and/or sentence suffers the disqualifications mentioned in sub-sections (1), (2) and (3) of Section 8 of the Act after the pronouncement of this judgment, his membership of Parliament or the State Legislature, as the case may be, will not be saved by subsection (4) of Section 8 of the Act which we have by this judgment declared as ultra vires the Constitution notwithstanding that he files the appeal or revision against the conviction and /or sentence.

Lily Thomas Vs Union of India and Ors on 10 Jul 2013

Citations : [2013 ABR 6 236], [2013 AD SC 10 655], [2013 AIR SC 2662], [2013 AWC SC 6 5458], [2013 BOMCR 5 261], [2013 CGLRW SC 2 339], [2014 CLT SC 117 284], [2013 JLJR 3 351], [2013 JT SC 9 419], [2013 KARLJ 5 1], [2013 KLJ 3 284], [2013 KERLT 3 296], [2013 LW 4 857], [2013 MLJ 5 463], [2013 OLR 2 941], [2013 PLJR 3 261], [2013 RCR CIVIL 3 713], [2013 SCALE 8 469], [2013 SCC 7 653], [2013 SCC L&S 7 811], [2014 WBLR SC 1 69], [2013 SCC CIV 3 678], [2013 SCC CRI 3 641], [2013 SCC L&S 2 811], [2013 SCC ONLINE SC 603], [2013 GUJ LH 2 408], [2013 GUJ LR 3 2209], [2013 ILR KERALA 3 203], [2014 CUT LT 117 284]

Other Sources :

https://indiankanoon.org/doc/63158859/

https://www.casemine.com/judgement/in/5609af2ee4b0149711415be4

Supreme Court Landmark Judgment- Lilly Thomas v. Union of India

Posted in Judicial Activism (for Public Benefit) | Tagged 2-Judge (Division) Bench Decision Catena of Landmark Judgments Referred/Cited to Landmark Case Legal Procedure Explained - Interpretation of Statutes Lily Thomas Vs Union of India and Ors Prospectively Applicable Law Public Interest Litigation Reportable Judgement or Order Representation of People Act 1951 Sec 8(4) - Disqualification on conviction for certain offences. | Leave a comment

Litigation by Ashwini Kumar Upadhyay

Posted on October 24, 2020 by ShadesOfKnife

Ashwini Kumar Upadhyaya ji has launched a lot of Public Interest Litigation and since the entire collection is not available in a single place, the following is a curated list for interested folks.

 

Initiated between 1986-1990

 

Initiated between 1991-1995

 

 

 

Initiated between 1996-2000

 

Initiated between 2001-2005

 

 

Initiated between 2006-2010

 

Initiated between 2011-2015

 

 

Initiated between 2016-2020

  1. Writ Petition(s)(Civil) No(s). 699/2016 : Attacking the pending criminal cases against the elected representatives of people (MPs and MLAs) in various Courts of India and expedite and disposed them on war-footing.
  2. Writ Petition (Civil) No. 329/2019 : The Section 31 of the CrPC, which provides that a convict can serve varying jail terms simultaneously for several offences, should not be made applicable to the convicts in heinous cases under special laws such as “the Unlawful Activities (Prevention) Act (UAPA), the Prevention of Corruption Act (PCA), the Prohibition of Benami Property Transactions Act, the Prevention of Money Laundering Act (PMLA), the Foreign Contribution (Regulation) Act (FCRA), the Black Money and Imposition of Tax Act, and Fugitive Economic Offenders Act,.
  3. Writ Petition (Civil) No. 6259/2019 : Seeking Union Government to implement 24th recommendation of National Commission to Review the Working of the Constitution (Justice Venkatchaliah Commission) on Population Control; Two-child norm as a criteria for government jobs, aids and subsidies, and, may withdraw statutory rights viz. right to vote, right to contest, right to property, right to free shelter, right to free legal aid etc.;

Initiated between 2021-2025

  1. W.P.(C) No. 1334/2020: Regards to Election Reforms in India, i.e., Right to Reject all candidates in an election.

 

 

Initiated between 2021-2025

Posted in Judicial Activism (for Public Benefit) | Tagged Catena of Landmark Judgments Referred/Cited to Litigation by Ashwini Kumar Upadhyay Public Interest Litigation | Leave a comment

Neeraj Shankar Saxena and Ors Vs Union of India and Ors

Posted on October 14, 2020 by ShadesOfKnife

In this case, Supreme Court issued notice on a plea challenging the constitutional validity of the National Commission for Minorities Act 1972 and various governmental schemes for the religious minorities at the expense of taxpayer money.


Here is the Petition copy.

Neeraj Shankar Saxena and Ors Vs Union of India and Ors - Petition

On 2020-01-20

Neeraj Shankar Saxena and Ors Vs Union of India and Ors on 20 Jan 2020

https://www.barandbench.com/news/litigation/hindus-suffering-for-being-born-in-majority-plea-in-sc-challenges-constitutionality-of-minorities-commission-welfare-schemes-for-religious-minorities

https://www.indialegallive.com/constitutional-law-news/supreme-court-news/sc-issues-notice-plea-challenging-constitutionality-minority-commission-welfare-schemes-religious-minorities/

https://www.livelaw.in/top-stories/no-safeguards-for-non-islamic-properties-from-inclusion-of-waqf-plea-in-sc-challenges-the-constitutional-validity-of-waqf-act-1995-162164

Posted in Judicial Activism (for Public Benefit) | Tagged Neeraj Shankar Saxena and Ors Vs Union of India and Ors Public Interest Litigation | Leave a comment

Ashwani Kumar Upadhyaya Vs Union of India and others

Posted on September 11, 2020 by ShadesOfKnife

Advocate Ashwani Kumar Upadhyaya had filed this Writ Petition way back in 2016 (2016-09-06) and still the Supreme Court is working on it.

 

On 2020-03-05:

A 13-column format was finalized to be filled by High Courts, as not many High Courts supplied Amicus with required information. Amicus email id is given wherein the Crime data was to be sent.

Ashwani Kumar Upadhyaya Vs Union of India and others on 05 Mar 2020

On 2020-08-31:

Ashwani Kumar Upadhyaya Vs Union of India and Ors on 31 Aug 2020

 


On 2020-09-10:

Submission of the Amicus Curiae:

Ashwani Kumar Upadhyaya Vs Union of India and others

Order from Court:

Ashwani Kumar Upadhyaya Vs Union of India and others on 10 Sep 2020

On 2020-09-16:

Directions were passed to CJs of High Courts for monitoring and expediting the disposal of the criminal cases.

Ashwani Kumar Upadhyaya Vs Union of India and Ors on 16 Sep 2020

On 2020-10-06:

Supplementary Submission of the Amicus Curiae:

Ashwani Kumar Upadhyaya Vs Union of India and Ors Supp Report

On 2020-11-02:

Supplementary Submission (12th Report) of the Amicus Curiae:

2020-11-02 Ashwani Kumar Upadhyaya Vs Union of India and Ors Report_compressed

On 2020-11-02:

Further directions were passed by the Court

2020-11-04 Ashwani Kumar Upadhyaya Vs Union of India and Ors

On 2021-08-10:

In view of the law laid down by this Court, we deem it appropriate to direct that no prosecution against a sitting or former M.P./M.L.A. shall be withdrawn without the leave of the High Court in the respective suo-motu writ petitions registered in pursuance of our order dated 16.09.2020. The High Courts are requested to examine the withdrawals, whether pending or disposed of since 16.09.2020, in light of guidelines laid down by this Court.

Ashwini Kumar Upadhyay Vs UOI and Anr on 10 Aug 2021

On 2021-08-11:

The table given in previous day order was amended to include new column, ‘Whether Video Conferencing facility is available’.

Ashwini Kumar Upadhyay Vs UOI and Anr on 11 Aug 2021

On 2021-08-25:

This is the 14th Status Report by Amicus Curiae:

2021-08-24 14th-amicus-report-filed-on-24082021

Here is the Order passed.

Ashwini Kumar Upadhyay Vs UOI and Anr on 25 Aug 2021
Posted in Supreme Court of India Judgment or Order or Notification | Tagged Ashwini Kumar Upadhyay Vs Union of India and Ors Landmark Case Public Interest Litigation | Leave a comment

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