Filing SLP in the Supreme Court
Dr.Mumbiram
(Querist) 21 August 2009
This query is : Resolved
Our Writ Petition in the Bombay High Court had prayed for a Writ from the High Court to the visa officials to immediately process and grant visa-extensions that we had applied for three years ago. We had also prayed for compensation for violation of our fundamental right to get equal treatment under law, exemplary damages and legal costs of the writ procedures. Upon the intervention of the High Court the officials immediately granted us the requested visas.The High Court, however, disposed off our petition saying that we were granted our visa requests and that we could approach the Civil Courts for compensation.
We wish to approach the Supreme Court with a SLP to set aside the High Court’s order and grant us compensation as public law remedy for violation of our constitutional right, to levy exemplary damages on the violators of our rights to deter future further violations and to grant us legal costs.
According to the guidelines set by the SC in the M.C. Mehta vs. Union of India Case, we deserve compensation under writ jurisdiction as the violation of our right was ex facie glaringly obvious and incontrovertible. Further it is unfair to expect foreign nationals on a limited visa in India to pursue lengthy civil court proceedings against visa officials to obtain compensation. The High Court, in effect, failed to defend the constitution of India by allowing those who violated our fundamental rights to go scot-free. The HC also failed to give victims of the violation requisite relief such as Article 226 expects it to deliver to the victims.
1) How do we get the High Court’s permission to make the SLP ?
2) What are the time limits ?
3) How do we get Human Rights NGO’s to support our efforts ?
VIKAS RAJ CHHAJER
(Expert) 25 August 2009
Please i don't want to advice as there is strike in our district so please pray for us that our high court may not broke and we may live unitedly.
For your matter i will respond but after few days.
Vikas Raj Chhajer
