whether a non-lawyer can file pil?

Professioanl Social worker

Dear All

I want to file a PIL in High court of Jharkhand. I am not holding degree  of LLB. I am professional  social  woker just studied overview of law.

whether  I am allowed to file PIL without hiring/  without help of any Advocate? if I am capable to write the draft of PIL.

second query: whether I will need to present in Court during hearing of PIL.

please guide me

thanks

 

Rajeev Kumar

 
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Student

Dear Mr.Rajeev Kumar,

You are free to draft file and persue Public Interest Litigation with or without the help of Advocate.  The answer to your second question has to be in affirmative for the reason that after filing any case (including but not limited to PIL) you (through Advocate or in person with the permission of the Court) have to plead your case on the questions of your locus, admissibility, limitation, jurisdiction, availiability of alternate/equal efficatious remedy etc. before the court of law.   Just out of curiocity may I request you to kindly go through the Hon'ble Jharkhand High Court Rules and bye laws in advance which shall be helpful in sorting out the procedural query/ies.

Best Regards

Daksh

 
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dear rajeev,

you are fully entitled to bring a pil by yourself, and attend court on every date by yourself .

 

u/s art 226 of the constitution of india, you have to file a pil. u/a 32 of coi at sc. go ahead. if you face any problem ask hare again.

 
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keeping an advocate is optional.

 
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Student

As a public spirited person who is litigant in each and every activities of the society you are fully availed with the provisions of the Indian constitution under the endowment of Art.226 to approach the court in the form of PIL. I admire your ability to draft the petition too also by the purview of the Advocates act of 1961 s.30 If the court allow you may also plead before the Hon'ble court.

But i  insist better consult a practising lawyer since the case must be prominent an to be won.............. 

 
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Professioanl Social worker

Dear All

thanks all for replying my query. I am novice about filing PIL.  It is clear  that hiring advocate is optional.  I read that even a postcard to supreme court can be considered PIL.

My second query is whether there may be many dates for PIL also? becuase there is not the question of witness and evidences.  whether procedure of PIL also takes many dates and long period like the other litigation?

please guide me.

regards

Rajeev

 
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RTI & CONSUMER ACTIVIST

I would also suggest that you peruse PIL link of www.supremecourtofindia.gov.in. It is informative. 

 
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RTI & CONSUMER ACTIVIST

I also understand from my advocae friends that even letter written to Chief Justice may be converted in a writ and court will arrange for an advocate to plead at govt cost, if there is public interest affecting large number of  citizens or if there is breach of fundamental rights of a citizen.

 
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second query  -  it depends upon the judges. you put your pray before them orally or in writting.

 
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Advocate & Legal advisor

In concept of PIL the "Amecus Query" a facility available in SC in which court can provide a Advocate/legal freind who will help petitioner in PIL.  

 
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