Articles by "PIL"
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New Delhi, Oct 8: The Supreme Court Monday agreed to hear on October 10 a fresh PIL against the Rafale deal between India and France.

The PIL seeks a direction to the Centre to reveal details of the deal and comparative prices during the UPA and NDA rule to the apex court in a sealed cover.

A bench of Chief Justice Ranjan Gogoi and Justices S K Kaul and K M Joseph would hear the PIL filed by lawyer Vineet Dhanda.
 (PTI)


New Delhi, Sep 5: The Supreme Court Wednesday agreed to hear next week a PIL seeking stay on the Rafale fighter jet deal between India with France.

A bench comprising Chief Justice Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud considered the submissions of advocate M L Sharma that his plea be listed for urgent hearing.

In his PIL, Sharma alleged discrepancies in the fighter jet deal with France and sought stay on it.
 (PTI)

SRINAGAR, MAY 25: Minister for School Education, Haj and Auqaf and Tribal Affairs Chowdhary Zulfkar Ali today impressed on concerned to reduce the litigation against the departments by creating a transparent mechanism.
Speaking during a meeting to review of the ongoing court cases against the School Education, Jammu and Kashmir Board of School Education, and Haj and Auqaf, the Minister said that responsibility needs to be fixed on the concerned department for why litigations are getting filed.
 “We have to make people in our departments responsible and most importantly make them accountable so that plaintiff is not forced to go to court,” the Minister said.
Stressing on the need to create a transparent mechanism, the Minister elaborated that it is imperative that such a mechanism is put in place which would ensure that people are heard and their issues are settled amicably much before they decide to go to court.
Deliberating over cases related to service matters, the Minister said that if promotions are done in a time bound manner, departmental promotion committees are organized frequently and a proper transfer policy is finalized there is no reason why people will not think of going to court.
Speaking about the functioning of private schools, the Minister said while the government is keen to work in harmony with private schools, yet it becomes the latter’s responsibility to ensure that norms fixed for private schools are adhered in letter and spirit.
Zulfkar Ali said that his office is getting frequent complaints that teachers working in private sector are not getting paid as per the set guidelines. There are some schools who are charging monthly fee from the parents for the vacation period, yet they deprive their staff of their salaries for the same time period, said the Minister, adding this is not acceptable.
The Minister said charging parents’ transportation fee during vacations is totally unethically and unacceptable, and the practice should be immediately stopped.
Speaking on fee fixation issue of private schools, the Minister said schools should charge a monthly fee as per the facilities they provide, as per the infrastructure it has, and as per the quality of staff working for it.
“A school charging several thousand rupees as monthly fee should have facilities like proper swimming pool, a big playing field, good recreational facilities, a big library, a well-qualified staff, a computer laboratory, science laboratory and other features,” the Minister said.
During the meeting, the Minister directed the concerned to ensure that no school in the State is allowed to run without having a proper registration from the department.
Zulfkar directed for issuing a circular mentioning the private schools using government resources, like their land, should reserve seats for students coming from a humble financial background of the society as per the directive issued by the apex court.
The Minister also directed the concerned to ensure that school property anywhere in the State is not used for any other purpose. He said it will be the discretion of the department to decide what it wants to do with it.
Giving the break-up of cases of School Education, the meeting was informed that a total number of 1159 cases is pending in Kashmir province. Out of this 822 are pending before High Court, 183 are pending before subordinate courts, 149 are contempt petition, while as five cases are of public interest litigation (PIL).
For Jammu division, a total number of cases pending are 2036, out of them 1921 are pending in High Court and 115 are pending before subordinate courts. Likewise, court cases pending in the administrative department are 3283.
The meeting was informed that 510 cases of JKBOSE are pending. Out of them, 240 are for Kashmir province, while 137 are for Jammu province. Out of them 64 are in HC, while as number of appeals is 10 and different correction petitions are 59.
Advocate General Jahangir Iqbal, Secretary School Education Farooq Shah, Chairperson JK BOSE Prof Veena Pandita, Commissioner Secretary Revenue Shahid Inayat-ullah, Director School Education Kashmir G N Itoo, Director School Education Jammu Rakesh Srangal, Special Secretary H L Sethi, and concerned law officers and departmental staff were present in the meeting.

SRINAGAR, MAY 08: A division bench of Jammu and Kashmir High Court, Srinagar today heard a Public Interest Litigation (PIL) pertaining to prevention of violation of the municipal laws and master plan for Katra city via video-conferencing.
The bench comprising Acting Chief Justice Ramalingam Sudhakar and Justice Sanjeev Kumar heard the PIL here. The bench was apprised of the steps taken by the Municipal Council Katra in respect of solid waste management during the proceedings.
The court impressed upon the Katra Municipal Council to pursue the matter regarding solid waste management “in the right direction so that the Katra city is seen clean and eco-friendly.”
The bench also called upon Katra Development Authority “to make inspections and prevent un-authorized constructions in violation of municipal laws and Katra master plan.
Counsel for Katra Shrine Board and Katra Development Authority were directed to file follow-up status reports.
The next hearing of the case was fixed for May 21, 2018.
Meanwhile, according to the Registrar Judicial Srinagar, hearing of the case through video conferencing was widely appreciated by the legal fraternity. “The step initiated by High Court is likely to fulfil the expectations of the seekers of justice,” the Registrar said.



Lucknow, Apr 13: On Friday demanded imposition of President's rule in Uttar Pardesh following handing over the Unnao gangrape case to the CBI. 
The Party said UP is the 'fit case' for use of Article 356 of the Constitution after the Allahabad High Court said that 'anarchy prevails in its(UP's) governance'.
The Court questioned the Uttar Pradesh government over the delay in BJP MLA Kuldeep Singh Sengar’s arrest. The Court was hearing a public interest litigation (PIL) seeking its intervention in the case. 
SP vice-president Kironmoy Nanda, said the comment of the Allahabad HC on the state of affair in UP is a serious matter and demanded that the Yogi government be dismissed immediately and President's rule imposed to instill the confidence of the people.
"The incident of Unnao has shaken up the entire country and it brought out the real face of the BJP," he told media persons here.
The former Rajya Sabha member also questioned the CBI that what was the reason for going an extra mile to take up Unnao case when they had other important cases to be taken care off. 
"The CBI was not interested in taking several criminal cases of UP in the past, but suddenly it has shown interest in the Unnao case. It seems it would give a clean chit to the MLA," he alleged.
The SP leader also questioned the UP government that how the CBI arrested the MLA when the state police overnight had said there was no evidence against him. He questioned how the brother of the MLA was arrested in the same case but state police gave benefit to the legislator.
When asked Sengar's association with the SP in the past, Mr Nanda said, 'when the leader was in SP he did not dare to take law in his own hands but now as he is in BJP, he is free to do anything.'
Mr Nanda, who was critical of the BJP government at the Centre as well as in UP, said they are weakening all the Constitutional posts like the President, Vice-President, and institutions of judiciary and Parliament but now they are touching their lowest ebb for own vested interest.
SP president Akhilesh Yadav has demanded action against the policemen and officials involved in the Unnao incident and FIR should be registered against them. 
He also demanded Rs 50 lakh as compensation to the victim's family, a government job, a house and adequate security to all the members of the family.
The press meet was also attended by SP state president Naresh Uttam and spokesperson Rajendra Choudhury.
Earlier, a five-member delegation of the SP Mahila Morcha, led by its president Gita Singh, handed over their report to Akhilesh Yadav at his residence on Friday morning.
The delegation, went to meet the victim's family on April 11 and recorded all the charges of the family.
"We were also threatened by the goons of the BJP MLA at Makhi village but some how we met the victim's family at a hotel in Unnao and took their version. It was a horrible experience for us and it shows that the victim's family is in danger," claimed Gita Singh. UNI



New Delhi, Apr 11: The Supreme Court, in its judgement, on Wednesday, dismissed a Public Interest Litigation (PIL) filed by an advocate, Ashok Pande, seeking a direction that the Chief Justice of India (CJI) should sit with the two senior-most SC judges in court number one and consult them in allocation of work.
A three-judge bench of the apex court, headed the CJI Misra and also comprising Justices AM Khanwilkar and DY Chandrachud, while dismissing the PIL of Pande, said, the CJI has been entrusted the power to constitute benches and allocate work to different benches as he has been trusted by the Constitution to be at the helm of affairs of the apex court.
"The CJI has been entrusted the power to constitute benches and allocate work to different benches as he has been trusted by the Constitution to do so," the three-judge bench of the apex court today said and dismissed the PIL of Pande," it said.
Dismissing the claims made in the PIL filed by lawyer, Pande, who alleged arbitrary allocation of work by the CJI, the SC in a detailed judgement said: since the CJI is a high constitutional functionary, there cannot be any distrust about the responsibilities he discharges to enable the apex court to carry out the work required under Constitution. UNI


Mumbai, Mar 29: The Bombay High Court on Wednesday said that the Maharashtra Government’s practice of issuing fitness certificates to private vehicles without conducting an independent test was illegal and in breach of its previous orders.
Therefore, the state government must take a decision on amending its rules and circulars on the issue and inform the court of its decision, a bench of justices A S Oka and R I Chagla said.
The bench was hearing a Public Interest Litigation (PIL) filed by Shrikant Karve, a Right to Information (RTI) activist from Pune. UNI


New Delhi,Mar 28: The Supreme Court on Wednesday dismissed the PIL (Public Interest Litigation) filed by the Mumbai-based IT professional, seeking to reopen the assassination of Mahatma Gandhi case.
The PIL was filed by an IT (Information Technology) professional, Dr Pankaj Kumudchandra Phadnis seeking reopening of the Gandhi assassination case. 
A division bench of the Apex Court, headed by Justice SA Bobde and also comprising Justice L. Nageswar Rao dismissed the petition filed by Dr Phadnis. 
"We are dismissing the petition filed by the petitioner, Dr Pankaj Kumudchandra Phadnis. The petition is devoid if merits. The same is not maintainable," the two-judge Bench of the Apex Court on Wednesday said, while dismissing the petition filed by Dr Phadnis. 
Dr Phadnis, in his petition claimed that Gandhi's death should have been probed, as there was still a complete myth about the fourth bullet being fired on Gandhi by the convict.
The Apex Court, while dismissing the petition filed by Phadnis, said that the petition is not maintainable and the petitioner failed to gather enough of evidences to make a case for reopening the assassination of Gandhi. 
The Apex Court did not find any merit to the submission of petitioner that there was a larger conspiracy behind Mahatma Gandhi assassination and there was involvement of foreign intelligence agencies which has not been probed so far. UNI


New Delhi, Mar 5: The Supreme Court on Monday issued notice to the Badminton Association of India, on a Public Interest Litigation through senior advocate and former Union Law Minister, Shanti Bhushan, seeking a uniform code, like cricket, by which ministers should be barred from holding posts in sports associations, as was applied to the BCCI.
The bench, headed by Chief Justice of India Dipak Misra and also comprising Justice A M Khanwilkar and Justice D Y Chandrachud, after hearing the PIL, decided to examine whether BAI can have Assam BJP Minister Himanta Biswa Sarma as its President.
Seeking removal of Mr Sarma from the post, the PIL sought that the BAI be reformed like BCCI and also on the lines of cricket.
The PIL also sought the intervention and a direction to bar politicians and bureaucrats from holding offices in the BAI. UNI


New Delhi, Feb 20: The Supreme Court on Tuesday said it would hear the Public Interest Litigation (PIL) filed by lawyer Vineet Dhanda, seeking deportation of accused Nirav Modi, on February 23.
The PIL sought Modi's deportation within two months for his alleged involvement in the siphoning off PNB money to the tunes of Rs 11,400-crore. 
"We would hear on February 23, Friday, the Public Interest Litigation (PIL) filed by lawyer, Vineet Dhanda, seeking deportation of accused, Nirav Modi," the top court said.
Dhanda's lawyer, JP Dhanda, mentioned the matter before the apex court's three-judge bench, headed by Chief Justice of India (CJI) Dipak Misra and also comprising Justices AM Khanwilkar and DY Chandrachud, seeking deportation of Nirav Modi within two months. 
Dhanda, also sought immediate and strict action against those PNB top brass & RBI officials who allegedly were involved in such kind of illegal act.
The petitioner also sought new guidelines for the big loans. 
The apex court would now hear the matter on February 23, Friday. UNI


New Delhi, Feb 19: The Supreme Court on Monday asked the petitioner, Dr Pankaj Kumudchandra Phadnis, to make an application for filing the additional documents in connection with his Public Interest Litigation (PIL) seeking a probe into Mahatma Gandhi's assassination case.
A division bench of the apex court, headed by Justice SA Bobde and also comprising Justice L Nageswar Rao, was hearing the arguments and submissions by the petitioner, Dr Phadnis, seeking a reinvestigation in the assassination of Mahatma Gandhi.
The top court asked the petitioner to make an application as he wanted to file some more additional documents in the case in a sealed cover.
The court had said: "We will see whether the case should be reopened for an investigation or what should we do," the bench of the court said.
The court asked the petitioner to file an application and posted the matter for further hearing to March 6.
The Mumbai-based IT Consultant, Dr Phadnis had filed the PIL in the Supreme Court seeking re-investigation in the assassination of the Father of the Nation.
Dr Phadnis, in his petition, claimed that Gandhi's death should have been probed, as there was still a complete myth about the fourth bullet being fired by the convict. "The matter should be re-investigated and should have a thorough probe," Dr Phadnis in his petition claimed. UNI


New Delhi, Feb 13: In a major relief to Chhattisgarh Government, the Supreme Court on Tuesday dismissed a Public Interest Litigation (PIL) seeking SIT probe in the purchase of a VIP Helicopter manufactured by AgustaWestland.
The bench comprising Justices AK Goel and UU Lalit dismissed the petition filed by an NGO Swaraj Abhiyan and few others, which alleged that the state government had purchased a VIP helicopter in dubious manner by floating a sham tender.
Appearing for the NGO, advocate Prashant Bhushan had contended that one person had represented the three competitive bidders. He had also contended that the deal caused a huge loss to the state government exchequer.
Mr. Bhushan had sought an investigation into the role of Chief Minister Raman Singh's son Mr Abhishek Singh. However, the Chhattisgarh Government had justified the purchase claiming that the AgustaWestland helicopters were of a superior quality and there were 24 of them flying in India.
The NGO had alleged that $1.324-million was paid in excess for the helicopter. It had also handed over to the court RTI records pertaining to the purchase worth over $5-million. UNI


New Delhi, Feb 5: The Counsel for the Central Bureau of Investigation on Monday submitted before the Delhi High Court that a look out circular (LOC) has been issued against Virender Dev Dixit, who allegedly kept girls and women confined at Rohini Ashram, founded by him.
A Public Interest Litigation(PIL) has been filed in the Delhi High Court, in which various allegations have been made by an NGO that girls and women were illegally confined at the 'spiritual university' in Rohini.
The Court also observed during the proceedings that the ashram was not a 'vishwa-vidyalaya' or University, as defined under the University Grants Commission Act and it cannot, therefore, continue to represent itself as one. 
It further observed that the Adhyatmik Vishwa Vidyalaya in Rohini, Delhi is also having no legal status as it is neither a registered society nor a corporate entity, according to the Companies Law.
Delhi High Court Division Bench Acting Chief Justice Gita Mittal and Justice C Hari Shankar after hearing the matter, asked whether Dixit had joined the CBI probe into the running of his ashrams as well as the complaints against him.
CBI submitted before the court that a look out circular (LOC) has been issued against Dixit.
However, the Division Bench did not pass any order directing it to stop using the expressions 'vishwa-vidyalaya' or varsity when the counsel for the ashram requested that he may be heard before passing any direction. The court after hearing listed the matter for further hearing on February 8. UNI


New Delhi, Jan 11: The Supreme Court on Thursday decided to hear on Friday a PIL seeking an independent and thorough investigation into the alleged and mysterious death of Judge BH Loya, when he was hearing the Sohrabuddin Sheikh fake encounter case in which BJP leader Amit Shah then was an accused.
The Public Interest Litigation Litigation (PIL) was mentioned on Thursday by Supreme Court lawyer, Anita Shenoy, for an urgent hearing into it before the three-judge bench of the apex court headed by Chief Justice of India (CJI) Dipak Misra, who said, "we would hear it on Friday". Besides, the CJI, Misra, the bench, comprising Justices AM Khanwilkar and DY Chandrachud, heard the urgent mentioning by lawyer Shenoy. UNI


New Delhi, Jan 9: The Centre on Tuesday sought from the Supreme Court more time to file its reply in connection with a Public Interest Litigation (PIL) filed by a Delhi-based lawyer seeking an alternate method of execution, other than hanging. 
A bench, headed by Chief Justice of India Dipak Misra and also comprising Justices A M Khanwilkar and D Y Chandrachud, granted the Union of India four weeks time to file its reply and respond to the PIL filed by lawyer, Rishi Malhotra. 
Posting the matter for further hearing after four weeks, the three-judge bench inquired from the Union of India as to how execution of convicts was carried out in other countries. 
The Public Interest Litigation challenged the validity of section 354 (5) of the CrPC (Code of Criminal Procedure - hanging by neck).
In his petition, Mr Malhotra asserted that the act of execution should be as quick and as simple as possible and free from anything that unnecessarily sharpens the poignancy of the prisoners apprehension.
The act of execution, Mr Malhotra affirmed, should produce immediate unconsciousness passing quickly into the death and should not involve mutilation. UNI


New Delhi, Jan 8: The Amicus Curiae, (friend of the court) in the Mahatma Gandhi assassination PIL mattter, Amarendra Sharan, on Monday filed a detailed report before the Supreme Court division bench claiming that that there was no evidence to prove the four bullet theory in the murder case as alleged by the petitioner. 
Mr Sharan told the two-judge bench, headed by Justice SA Bobde and also comprising Justice L Nageswar Rao, that there was no evidence to prove fourth bullet theory in the murder case of Mahatma Gandhi, as alleged by the petitioner, Dr Pankaj Kumudchandra Phadnis, claiming that it was the fourth bullet fired by an unknown person which killed the Mahatma. 
In his report, Mr Sharan told the apex court that the petitioner's claim in his Public Interest Litigation (PIL) with respect to the involvement of some foreign intelligence agency in the assassination of Mahatma Gandhi was baseless and not substantiated by any evidence. 
The apex court had in October last year issued notice to the Union of India, after hearing the petition filed by the IT Consultant, Dr Phadnis, seeking re-investigation in the assassination of Mahatma Gandhi.
The Apex Court bench had earlier appointed senior lawyer, Amarendra Sharan, to assist the court as an Amicus Curiae in the case.
Dr Phadnis in his PIL in the Supreme Court sought re-investigation in the assassination of the Father of our nation, Mahatma Gandhi. 
In his petition, Mr Phadnis claimed that Gandhi's death should have been probed, as there was still a complete myth about the fourth bullet being fired by the convict. "The matter should be re-investigated and should have a thorough probe," Dr Phadnis in his petition claimed. UNI


New Delhi, Nov 16: The Supreme Court on Thursday asked the Chhattisgarh Government to produce the original file in connection with the purchasing of Augusta Westland helicopters within a week's time, after hearing a PIL which claimed that illegal bribes were paid in the deal.
The apex court fixed the matter for further hearing till November 23, Thursday.
A division bench of the apex court, headed by Justice Adarsh Kumar Goel and also comprising Justice Uday Umesh Lalit, granted one week's time to the Chhattisgarh Government to file the document before it. The top court also asked the Chhattisgarh Government to explain why global tender was floated only for Augusta helicopter and not for other companies. In the Augusta Westland VVIP chopper purchase case, the apex court also asked the Chhattisgarh Government how did a tender seeking bids from only Agusta Westland got published even though the Principal Secretary had approved a tender that did not mention any company name in the particulars. Mahesh Jethmalani, senior Supreme Court lawyer appearing for the Chhattisgarh Government, told the court division bench that he would seek instructions in the case. The top court was hearing a Public Interest Litigation (PIL) filed by Swaraj Abhiyan, seeking an investigation into the alleged kickbacks paid to the middlemen. After hearing the PIL for almost an hour, the apex court directed the Chhattisgarh Government to produce original file for purchasing of Augusta Westland VIP helicopter after it was alleged that commission was paid in the deal and Chief Minister Raman Singh's son was also allegedly involved. The top court also asked the Chhattisgarh Government as to why the suggestion of the state Chief Secretary to look beyond Augusta helicopter deal was overshadowed by the state government and whether it was a informed decision. UNI

Shillong, Nov 14: Meghalaya governor Ganga Prasad said that he would follow the Constitution to decide the fate of the legislators who hold the posts of parliamentary secretaries.
On November 9, the Meghalaya High Court had declared the Meghalaya Parliamentary Secretaries (Appointment, Salaries, Allowances and Miscellaneous Provisions) Act, 2005 "invalid" for want of legislative competence of the state legislature.The court, however, has left  the question of disqualification of the MLAs holding the post of parliamentary secretaries 'open' for determination by the governor, if it is raised in accordance with the law. The court passed the judgment after adjudicating a public interest litigation (PIL) filed by one Madal Sumer, who challenged the validity of the act and alleged that MLAs holding the office of parliamentary secretaries should be disqualified. Yesterday, Mr Sumer met the Governor and submitted a memorandum, seeking to disqualify the legislators who had held the posts of parliamentary secretaries. In the petition to the Governor, Sumer said that the appointments to the posts of Parliamentary Secretary were on the basis of the Act of 2005 which stands struck down.
Demanding the resignation of the 17 legislators, Sumer stated that by virtue of section 6 of the Act, the offices of all the parliamentary secretaries were entitled to receive salaries.
“The said MLAs continued to hold their respective post of parliamentary secretaries even after the pronunciation of Bimolangshu Roy’s case by the Apex Court on 26.07.2017 till the High Court of Meghalaya struck down their appointment in its order dated 09.11.2017,” Mr Sumer said. He also stated in the petition to the Governor that there is no dispute that all the 17 MLAs were holding the post under state which were capable of yielding pecuniary gain and as such they were holding the “Office of Profit” under the state of Meghalaya as per the proposition of the law laid down by the Supreme Court. “The said MLAs are therefore liable to be disqualified for holding office of profit under Article 191 (1) (a) of the Constitution of India,” Mr Sumer stated. Mr Sumer in the petition to the Governor said that though by virtue of the provision of Article 191 (1) (a) of the Constitution the state legislature is empowered to make law exempting certain holder of office from the purview of disqualification. UNI