Monday, August 19, 2013

RULES ABOUT PIL (JANHIT YACHIKA) 2010

जनहित याचिका क्या होती है, किन मामलो में
दाखिल की जा सकती है, कौन याचिका डाल
सकता है, आदि प्रश्नों के उत्तर जानने के लिए नियम व
निर्देश पढ़े--
Public Interest Litigation Rules, 2010--
MAINTAINBILITY OF PUBLIC INTEREST LITIGATION
RULES, 2010
1.(i) These Rules shall be called as
MAINTAINBILITY OF PUBLIC INTEREST LITIGATION
RULES, 2010.
(ii) These Rules shall come into force with effect
from the date ofapproval by the Full Court.
2. No Public Interest Litigation shall be entertained


by the Registryunless the petitioner(s) has
specifically disclosed his credentials and his direct
or indirect personal motive or interest involved in
the case, if any, by way of an affidavit.
3. Every Public Interest Litigation shall be
separately numbered and categorized.
4. All the Public Interest Litigations shall be listed
before a Division Bench by the orders of the Chief
Justice of the High Court.
5. The Bench, wherever it appears so desirable,
may ask the petitioner to deposit an appropriate
amount with the Registry to be paid as
compensation/costs to the person/institution who
may be forced to
contest the litigation, which is ultimately found to
be vexatious, frivolous or mala fide.
6. Ordinarily, the PIL may be entertained on any
subject of vital public importance, such as:
(a) Bonded Labour matters.
(b) Neglected Children.
(c) Petitions from riot victims.
(d) Petitions complaining of harassment or torture
of persons belonging Scheduled Castes, Scheduled
Tribes and other Backward Classes by the others
or by the police.
(e) Petitioner pertaining to environmental pollution,
disturbance of
ecological balance, forest and wild life.
(f) Petitioners complaining violation of human
rights.
7. The Registry shall be entitled to verify the
antecedents of a person, society or an association
who involves the jurisdiction of the High Court on
the cause of public interest. Where the Registry has
any doubt
on such antecedents, an office note to this effect
shall be put up, except
on the petitions which are received by post.
8. The Public Interest Petitions received through
post shall not be
entertained except in the following cases:-
(i) Petitions sent by prisoners and detenues;
(ii) Petitions complaining violation of human rights;
(iii) Petitions seeking a writ in the nature of habeas
corpus;
(iv) Petitions with a cause of such nature that it
may require suomotu
proceedings by this Court in ‘Public interest’;
(v) Petitions by finally or physically disabled
persons, minors
and/or oppressed sections of Society. The petitions
falling in
this category may be sent to the Member Secretary
of the State
Legal Services Authority concerned, who, on
satisfaction
regarding genuineness of the petitioner, may
provide adequate
legal aid including a counsel to the victim.
9. All the suo-motu petitions initiated by the High
Court shall be
put up before the Chief Justice for enlisting the
same before an
appropriate Bench as per roster within three days.

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