Page 3 - Pil

PIL should not be used for suspicious products of mischief: Delhi HC

Cautioning against the use of public interest litigations for private malice, the Delhi High Court has said the attractive brand name of PIL should not be used for "suspicious products of mischief" but redress of genuine public harm. A bench headed by Chief Justice Satish Chandra Sharma, while dismissing a lawyer's plea against the method of empanelment of advocates to represent the Centre, said PIL was a weapon to secure justice for the voiceless and so the courts must see to it that such a petition is not for personal gain or political motivation or any other oblique consideration. The bench, also comprising Justice Subramonium Prasad, said the present PIL was "nothing but a Publicity Interest Litigation" and "no public interest" was involved in the plea which was "filed only to upset the apple cart". "The attractive brand name of Public Interest Litigation should not be used for suspicious products of mischief and should be aimed at redressal of genuine public harm or public ...

SC refuses PIL seeking to bring 'Arikkomban' back to natural habitat

From granting bail to Setalvad to refusing PIL seeking to bring 'Arikkomban' back to its natural habitat, here's what all happened in the Supreme Court today

Delhi HC dismisses PIL against RBI's withdrawal of Rs 2,000 banknotes

The Delhi High Court on Monday dismissed a public interest litigation (PIL) challenging the RBI's decision to withdraw Rs 2,000 denomination banknotes from circulation. A bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad, which had reserved its order on the PIL on May 30, rejected the plea. Petitioner Rajneesh Bhaskar Gupta has contended that the Reserve Bank of India (RBI) has no power to withdraw Rs 2,000 currency notes from circulation and only the Centre could have taken a decision in this regard. In his plea, the petitioner submitted that the RBI has no independent power to direct the non-issue or discontinuance of issue of banknotes of any denominational values and this power is vested only with the Centre under section 24 (2) of the RBI Act, 1934. Regarding the high court's May 29 judgment on a PIL which had challenged the notifications by the RBI and SBI enabling exchange of Rs 2,000 banknotes without requisition slip and identity proof, the ...

HC to hear plea challenging UPSC Civil Services Exam prelims on July 3

The Delhi High Court has said it will hear on July 3 a plea challenging the preliminary examination of Civil Services Examination, 2023 conducted by the UPSC. The petition, filed by 17 civil services aspirants, seeking quashing of the Union Public Service Commission (UPSC) Civil Services Preliminary Examination, 2023, and for re-conducting the preliminary test and general studies paper 1 and 2 came up for hearing before a vacation bench of justice Manoj Jain. The plea also challenged the press note issued by the UPSC on June 12 declaring the results of the preliminary examination, and sought direction to the commission to publish the answer key with immediate effect. The judge ordered listing of the petition on July 3. During the hearing, advocate Naresh Kaushik, appearing for the UPSC, raised a preliminary objection on the maintainability of the petition, saying the Central Administrative Tribunal (CAT) was the competent forum for hearing the matter. The petition, filed through

Train crash: PIL seeks to set up inquiry commission under retired SC judge

A PIL has been filed in the Supreme Court seeking a direction to the Centre for setting up an inquiry commission headed by a retired apex court judge to probe the cause of the train accident in Odisha's Balasore district that has left 288 people dead. The plea filed by advocate Vishal Tiwari also sought directions to the Centre to immediately set up an expert commission headed by retired judge of the apex court and consisting of technical members to analyse and review the risk and safety parameters in the railway system and to suggest systematic safety modifications for strengthening Railway safety mechanism and submit its report to the court. The plea submitted that non-implementation of Kavach system at the earliest has resulted in a massive loss of life and damage of public property which imputes direct liability of gross negligence and breach of duty of care by respondent authorities. The enquiry commission headed by a retired apex court judge should conclude its probe in two ..

Supreme Court has discretion over issuing public interest litigations

During a plea hearing on Wednesday, the Supreme Court stated that too many unnecessary parties had been added to the PIL

Delhi HC dismisses PIL challenging appointment of DU Vice Chancellor

The Delhi High Court Wednesday dismissed with costs a public interest litigation (PIL) challenging the appointment of professor Yogesh Singh as the Vice Chancellor of Delhi University. A bench of Chief Justice Satish Kumar Sharma and Justice Subramonium Prasad refused to allow the petitioner to withdraw the plea, which was filed on the basis of news reports and in which reckless allegations were levelled. We will not permit you to withdraw it (the petition) when the President of India is involved The kind of reckless allegation you have made in your petition... Very sorry we will not permit you to withdraw. Based on newspaper clippings you have filed a PIL so you have to face the consequences, the bench said. It (news report) is not Bhagwad Gita, with due respect. Dismiss with costs, the bench said, without specifying how much cost it was imposing on the petitioner. Petitioner organisation 'Forum of Indian Legists' claimed Singh was appointed as the vice chancellor (VC) of Delhi .

HC closes PIL alleging gender bias in IAF, says there's no discrimination

The Delhi High Court has closed the proceedings in a PIL alleging gender bias and discrimination in the Indian Air Force (IAF) against women who were not employed as 'airmen' in the technical and non-technical grades in any of its departments, noting that pursuant to recruitment under the Agnipath scheme there is no gender discrimination now. A bench headed by Chief Justice Satish Chandra Sharma, in an order passed last week, recorded the Centre has stated on affidavit that it is now recruiting unmarried Indian male as well as female candidates in Army, Navy and Air Force under the Agnipath Scheme and no further court orders were required in this regard. The petitioner, Kush Kalra, had objected to the recruitment of only unmarried men to the post of 'airmen' in groups 'X' and 'Y' trades in all the departments of the force. Group 'X' trade refers to technical fields like aircraft and ground systems, while group 'Y' pertains to non-technical fields like logistics and accounts. An ...

New Parliament row: PIL filed in SC seeking inauguration by President Murmu

A PIL was filed in Supreme Court on Thursday seeking a direction that the new Parliament building should be inaugurated by the President of India Droupadi Murmu on May 28

PIL in HC against permission to exchange of Rs 2000 note without id proof

A public interest litigation was filed in the Delhi High Court on Monday against permission to exchange Rs 2000 banknotes without obtaining any requisition slip and identity proof. Lawyer Ashwini Kumar Upadhyay contended in his plea that notifications by RBI and SBI in this regard are arbitrary, irrational and offend Articles 14 of the Constitution of India. The petition said that a large amount of the currency has reached either in individual's locker or has been hoarded by the separatists, terrorists, Maoists, drug smugglers, mining mafias & corrupt people. The petition highlighted that cash transaction in high value currency is the main source of corruption and is used for illegal activities like terrorism, naxalism, separatism, radicalism, gambling, smuggling, money laundering, kidnapping, extortion, bribing and dowry, etc. and the RBI and SBI should ensure that Rs 2000 banknotes are deposited in respective bank accounts only. "Recently, it was announced by the Centre that ...

SC seeks govt's response on PIL for welfare of people suffering from autism

The Supreme Court Monday sought the Centre's response on a PIL seeking formulation of guidelines under the law on disabilities for inclusion of those suffering from autism spectrum disorder (ASD) and giving them employment opportunities. A bench comprising Chief Justice D Y Chandrachud and Justices P S Narasimha and J B Pardiwala took note of the submissions of lawyer Gaurav Kejriwal, appearing for NGO Shaurya Foundation Trust, and issued notices on its PIL. Besides the Centre, it issued notices to the Federation of Indian Chambers of Commerce and Industry (FICCI), Confederation of Indian Industry (CII), PHD Chamber of Commerce and Industry and Federation of Indian Export Organisations on the PIL which also seeks involvement of the corporate firms in helping the people suffering from ASD. The present petition is being filed in public interest to formulate guidelines and/or standard process under the Right of Persons with Disabilities Act, 2016 for the inclusion of the persons affect

SC asks FinMin to respond to PIL seeking mechanism on unclaimed deposits

The Supreme Court on Thursday asked the Union Ministry of Finance to file its response in three weeks to a PIL seeking a mechanism to inform the legal heirs of deceased depositors about the unclaimed deposits lying dormant in bank accounts. A bench comprising Chief Justice D Y Chandrachud and Justice J B Pardiwala took note of the submissions of a lawyer, representing the Centre, that a reply to the PIL has been filed by the Ministry of Corporate Affairs and some more time may be granted to the Finance Ministry. The Ministry of Finance is granted three weeks time to file the counter affidavit (reply), the bench said. The bench was hearing a PIL filed by Sucheta Dalal, a journalist. It had earlier issued notices to the two union ministries, market regulator SEBI and the RBI. The PIL has sought directions to the Centre and others to ensure that unclaimed deposits of the public that get transferred to government owned funds be given to the legal heirs of the depositors. It said a ...

SC dismisses PIL seeking declaration of all animals as legal entities

The Supreme Court has dismissed a PIL seeking declaration of all animals as legal entities having rights like any living person. A bench of Chief Justice D Y Chandrachud and Justices P S Narasimha and J B Pardiwala dismissed the PIL saying "we find that the prayer sought in the writ petition cannot be granted by this court in its extraordinary jurisdiction under Article 32 of the Constitution of India." "The writ petition is, accordingly, dismissed," it added. The PIL filed by the NGO People's Charioteer Organisation said that of late cases of cruelty towards animals have come to light which have raised questions as to how humans have absolutely no respect for animals' lives and how can they be absolutely devoid of sympathy. "Such incidents have further enraged many and made one ponder as to whether the laws in existence are sufficient enough to protect animals from possible abuse and cruelty," the plea said, while referring to various incidents of cruelty in various states. It so

Delhi HC refuses to entertain PIL for compulsory voting in Parliament

The Delhi High Court refused to entertain a public interest litigation seeking direction to the Centre and Election Commission of India to take apposite steps for compulsory voting in the Parliament

PIL seeking govt job reservation for locals in Andamans to be heard on Mon

A PIL seeking 100 per cent government job reservation for the local people in Andaman and Nicobar Islands will be heard on Monday at the Calcutta High Court's circuit bench here. Referring to the union territories of Jammu and Kashmir and Ladakh, where the respective administrations have decided to reserve 100 per cent government jobs for the local people, Andaman and Nicobar Territorial Congress' Campaign Committee chairman TSG Bhasker had on March 8 filed the public interest litigation, demanding a similar provision for islanders. Bhasker's counsel PC Das said, In last few years, the number of unemployed youth is rising in the archipelago. Lack of private industries and struggling tourism sector, which is yet to recover from the COVID-19 impact, have became a concern among the domiciles of Andaman and Nicobar Islands when it comes to jobs." In the midst of these challenges, securing administrative Group C' and Group B' (non-gazetted) jobs in Andaman and Nicobar by applicants from

Supreme Court to hear PIL for framing menstrual leaves rule on Feb 24

A bench headed by Chief Justice of India DY Chandrachud posted the matter for hearing on February 24

SC closes PIL seeking ban on video communications platform Zoom

The Supreme Court on Tuesday took note of the minutes of the meeting held by the National Security Council Secretariat and closed the PIL seeking a ban on video communications app 'Zoom' for official as well as personal use until an appropriate law has been put in place. A bench comprising Justices Sanjiv Khanna and MM Sundresh said now nothing survived in the PIL filed by Delhi resident Harsh Chugh in 2020 in the wake of subsequent developments. We have considered the minutes of the meeting of the National Security Council Secretariat held on December 28, 2020 regarding the security features of Zoom, VC platform. In our opinion, nothing survives in the present writ petition in view of the said document. Accordingly, the proceedings are closed, the bench said in its order. The top court had on May 22, 2020 sought the response of the Centre to the PIL which raised privacy concerns and claimed that continued use of the Zoom app is "making the users vulnerable and prone to cyber ...

Bombay HC dismisses PIL seeking action on VP Dhankhar, Law Minister Rijiju

The Bombay High Court on Thursday dismissed a public interest litigation filed against Union Law Minister Kiren Rijiju and Vice President Jagdeep Dhankhar for their remarks on judiciary and the collegium system for appointment of judges. The plea filed by Bombay Lawyers Association had claimed Rijiju and Dhankhar showed lack of faith in the Constitution with their remarks and conduct. It had sought for orders to restrain Dhankhar from discharging duty as the vice president, and Rijiju from discharging duty as cabinet minister for the central government. The PIL claimed the "frontal attack not just on the judiciary but the Constitution" by the two executive officials has lowered the prestige of the Supreme Court in public. A division bench of Acting Chief Justice S V Gangapurwala and Justice Sandeep Marne briefly heard the petitioner's lawyer, Ahmed Abdi, and Additional Solicitor General (ASG) Anil Singh for the respondents. "We are not inclined to grant any relief. The petition is

Delhi HC bench nixes plea against order dismissing PIL on CJI's appointment

A Delhi HC bench of Justices Sanjeev Sachdeva and Vikas Mahajan, dismissed a review petition filed against an order quashing a PIL challenging the appointment of Justice D Y Chandrachud as CJI

SC to hear PILs challenging laws which regulates religious conversions

The Supreme Court is scheduled to hear on January 2 a batch of pleas challenging controversial state laws regulating religious conversions due to interfaith marriage. A bench of Chief Justice DY Chandrachud and Justice PS Narasimha is scheduled to hear the PILs filed by advocate Vishal Thakre and an NGO 'Citizens for Justice and Peace'. The Supreme Court will also hear a plea by Muslim body 'Jamiat Ulama-I-Hind' which it had allowed last year to become a party to the petitions as it claimed a large number of Muslims are being harassed under these laws across the country. As per the office report uploaded on the apex court website, so far no reply has been filed by the Centre or any of the states which have been made parties to the litigation. On February 17, 2021, the top court had permitted the NGO to make Himachal Pradesh and Madhya Pradesh the parties to its pending petition by which it had challenged some controversial state laws regulating conversions due to interfaith ...