Intervention of Court
Parthasarathi Loganathan
(Querist) 27 January 2010
This query is : Resolved
I have posted a query on Transport Woes in the Expert's forum. The facts in the issue are very glaring that though every citizen is aware of the plight, no concrete steps have been initiated to set things in order. Public Interest Litigation do not necessarily yield the desired results to highlight the matters which are detrimental to Public Interest at large. My specific doubts are summed up as under:
(a) As in the case of high profile matters, under which circumstances the Court intervenes into the matters which are detrimental to public interests?
(b) What are the Constitutional provisions and obligations on the part of the Apex or High Courts to question the authority of the State ?
(c) Is there any Judicial Committee which monitors the matters which upset the peace and tranquility in the State on account of misdemeanors of Public Authorities?
(d) Are there any precedents which match the similar facts where interests of common citizens are protected by the intervention of Courts?
(e) Whether any High Court is vested with any constitutional powers to question the acts of the State in the absence of any Public Interest Litigation?
I need specific point-war guidance from the expert panel in the interest of Common Citizens.
samyak Satish
(Expert) 28 January 2010
Sir, pl. find point wise personal opinion:
(a) – (e) Court rerely interfers suo motto though it has such powers. If u r interested u can do: Find the concerned Department of Govt with address. Write a brief letter with relevant fact, figures without making any allegation on any individual. Quote the law or rule under which such department is statutory liable or duty bound so as to redress specific public grievance or hardship. Send a reminder. Keep acknowledgements. If there is no action, send a brief letter to the Chief Justice of State High Court and annex the correspondence on the issue. Request to take suo-motto action.
(b) Court is not under any obligation. But High Court has inherent wide power to entertain your petition on public issues under Article 226. It can issue any directions in larger public interest, environmental issues, child labour issue, schedule caste issue etc., or on law point or in case of violation of fundamental rights guaranteed under our Constitution. For details pl. refer the Constitution. Such Petitions are called Public Interest Litigation.
(c) Lokayukt organization was constituted for deal with matters of gross inaction of authorities. But there are no known cases where this institution had work. Now, you can question the authorities under Right to Information in case of specific inaction and breach of statutory duty.
(d) Yes. You can view such precedents on High Court\Supreme Website on court orders caption under title of Public Interest Litigations. If you want to study pl. go through cases of Vishakha V/s State of Rajasthan; M.C. Mehta V/s. Union of India & Ors.
I hope the above would serve your purpose.
Parthasarathi Loganathan
(Querist) 28 January 2010
I have tried all the above methods suggested by Mr.Satish and the results are not encouraging. Officials pay scant regard for such issues which hamper the interests of public at large. Since courts are not constitutionally obliged to intervene suo motto and direct the State, the are no solutions upfront unless there is proper legislation as PILs have become a very costly affair these days and right thinking citizens will neither have money nor time to invest on such matters. Let us pray for the best. Anyhow I am still optimistic that Justice Would Prevail in the best interests of the society.
