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Swastik Upadhyay (President)     26 February 2022

Retaired judge

I am planning to file a PIL against a RTI reply and I am not so financially strong to hire a lawyer.
Can I ask the judge to appoint a retired judge as my lawyer?
If this has been done previously plz also provide the case where it was done so that i can put that reference in the court etc?



 5 Replies

Isaac Gabriel (Advocate)     26 February 2022

Better contact free legal aid service.

G.L.N. Prasad (Retired employee.)     26 February 2022

Address a petition to High Court Legal Services Services in High Court and seek legal aid and you are entitled to suggest for such handling the case by retired judges and if any retired judge is in that panel list, HCLSC may agree for your request.   If possible, approach personally and submit larger public interest involved in PIL and convince them.

P. Venu (Advocate)     26 February 2022

You may seek legal aid, if otherwise eligible. But you cannot seek the lawyer of your choice.

Dr J C Vashista (Advocate)     27 February 2022

@ Swastik Upadhayay,

You have stated, inter alia,

"I am planning to file a PIL against a RTI reply and I am not so financially strong to hire a lawyer."

You did not mention contents of RTI application vis-a-vis its reply which comepelled you to plan to file a PIL ?

If you have planned to file a PIL you have to mention in the petition (on affidavit) that you have sufficient means to pay the cost, if any.

Besides this, as a President ( WHICH GOVERNMENT / ORGANISATION / DEPARTMENT is concealed by you) it is unbelievable that you cannot afford to engage a prudent lawyer, as stated by you that you are not eligible to seek services of counsel from State Legal Services Authority as FREE OF COST.


Subsequently you have asked, inter alia,

"Can I ask the judge to appoint a retired judge as my lawyer?"

How did you conclude that ONLY retired judges are competent to file PIL as stated to have been planned ? Whether all retired judges know each and every lega aspect qua your problem ?

You can pick, choose and engage private counsel to take care of your planning.

Baseless time pass query.




G.L.N. Prasad (Retired employee.)     27 February 2022

This is the stipulation under RTI Act and I am not aware as to the knowledge of the expert that suggested filing a PIL against the District Judge.

Section 23: Bar of jurisdiction of courts

No court shall entertain any suit, application, or other proceedings in respect of any order made under this Act and no such order shall be called in question otherwise than by way of an appeal under this Act.

I have yet to hear any writ taken up by Legal Services Authority or PIL on RTI against any RTI officials.

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