All the cases where, as per the report of the Committee, the allegations are about murder of a person and crime against women regarding rape/attempt to rape, shall be referred to CBI for investigation. The Committee, NHRC, any other Commission or Authority and the State shall immediately hand over entire record of the cases entrusted to the CBI for investigation. It is made clear that it shall be the Court monitored investigation. Any obstruction in the course of investigation by anyone shall be viewed seriously.
Tag: PIL
Sachin Kashyap & Ors. Vs. Sushil Chandra Srivastava & Ors-15/07/2021
Writ Petition having been filed for a particular cause and with a particular prayer cannot be expanded to cover within its ambit all the issues which may be of general or public importance without there being any pleadings or prayer with regard to a particular issue.
Format of PIL before SC- Drafted by Ramesh K Mishra, Adv-2013
A WRIT PETITION IN PUBLIC INTEREST UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA SEEKING CANCELLATION OF THE ENTIRE ALLOTMENT OF PLOTS OF LAND BY BHUBNESWAR DEVELOPMENT AUTHORITY AND CUTTACK DEVELOPMENT AUTHORITY TO GOVERNMENT OFFICIALS, M.P.S, M.L.A.S, JUDGES AND OTHERS THROUGH DISCRETIONARY QUOTA SINCE 1991 AND SEEKING A THOROUGH COURT MONITORED CBI INVESTIGATION OF ABUSE OF OFFICIAL POSITION BY CONCERNED OFFICIALS AND MINISTER(S) IN ODISHA STATE IN ALLOTMENT OF LAND THROUGH DISCRETIONARY QUOTA
Dr. Jaishri Laxmanrao Patil vs The State of Maharashtra & Ors-05/04/2021
Sachin Vaze case-A writ petition would be the appropriate remedy, should the police fail or omit to register an FIR despite receiving a complaint disclosing commission of cognizable offence.-Thus, there cannot be any two opinions that the police by not registering an FIR on receipt of Dr. Patil’s complaint, and then again by not notifying her that the complaint would not be investigated, have not acted in accordance with law.
Hussainara Khatoon and others Vs Home Secretary, State of Bihar, Patna-
Hussainara Khatoon- 2nd Judgment Constitution of India, 1950—Articles 21 and 39A—Criminal Procedure Code, 1974—Section 304 and 309—Free legal service is an unalienable element of 'reasonable, fair and just procedure for without it a person suffering from economic or other disabilities…
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Class action
A lawsuit in which one or more members of a large group, or class, of individuals or other entities sue on behalf of the entire class. The district court must find that the claims of the class members contain questions…
Public interest and Temple Management
The scope and ambit of a public interest litigation in the matter of MANAGEMENT of a TEMPLE, governed by the provisions of a statutory enactment, came up for consideration of this Court in Guruvayoor Devaswom Managing Committee vs. C. K.…
MRS. SANTOSH SINGH Vs. UNION OF INDIA & ANOTHER-22/07/2016
Judicial Process-There is a tendency on the part of public interest petitioners to assume that every good thing which society should aspire to achieve can be achieved through the instrumentality of the court. The judicial process provides remedies for constitutional or legal infractions. Public interest litigation allows a relaxation of the strict rules of locus standi.
History of Public Interest Litigation in India
The term public law litigation‘ was first prominently used by American academic, Abram Chayes[1980], to describe the practice of lawyers or public-spirited individuals who seek to precipitate social change through court-ordered decrees that reform legal rules, enforce existing laws and articulate public norms. Mumbai Kamgar…
Public Interest Litigations [PIL]
i) Janata Dal Vs. H.S. Chowdhary and Others, (2 Judges) (SCC p.348, para 109) 109. It is thus clear that only a person acting bona fide and having sufficient interest in the proceeding of PIL, will alone have a locus…
Condition for entertaininga Public Interest Litigation
At the first instance the petitioner has to satisfy this Court that he is entitled to maintain this writ petition as a public interest litigation. Such public interest litigations are entertained as a means to vindicate the grievances of the…
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Whether the anonymous petition is to be treated as public interest litigation
he question that falls for our consideration is whether the anonymous letter sent in the name of a Judge can be entertained as public interest litigation. It is well settled that a public interest litigation can be entertained by the constitutional courts only at the instance of a bona fide litigant. The author of the letter in this case is anonymous, there is no way to verify his bona fides and in fact no effort was made by the Court to verify about the authenticity, truth or otherwise of the contents of the petition.
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