सोमवार, 19 अगस्त 2013

जनहित याचिका क्या होती है, किन मामलो में दाखिल की जा सकती है, कौन याचिका डाल सकता है,

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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