![]() But my reasons are entirely different from Mr. I firmly believe that there should be a complete ban on PIL. In such a situation a critical analysis of PIL – who files, who benefits – is the need of the hour. Judges are forgetting that ‘bail not jail’ is the norm. The courts are in process of overturning the settled jurisprudence on bail. The right-wing tilt is further evident by the fact that bail has been denied to many human rights activists – arrested under draconian laws on flimsy grounds – even during the ongoing pandemic of COVID-19. The courts are also seen to be tilting towards it.įor instance even before the Central Government bifurcated the state of Jammu and Kashmir into two Union Territories in August 2019 and abrogated Article 370, there were PILs pending in the Supreme Court challenging the constitutionality of Article 370 of the Constitution of India. My impression is that in the last six years of NDA being in power more and more PILs are being filed and heard to further the right-wing agenda. Many orders are apparently arbitrary and have little to do with the merits of the case. When such orders are passed the inescapable feeling one gets is that the fate of a petition in the Supreme Court depends on external factors like the concerned bench, face value of the lawyer appearing etc. It did this even though testing the constitutionality of a law on the touchstone of the fundamental rights is the duty of the Supreme Court under the Constitution of India and not saving species of indigenous cow. rent act was already being heard by another bench in the Supreme Court. It refused to listen to the fact that a similar petition regarding U.P. In my petition it did not give me even few seconds to argue the petition. The court even condoned the delay in filing the said petition. On 22 July, 2019 a day on which the Hon’ble Supreme Court dismissed ‘in limine’ my Special Leave Petition challenging the Delhi High Court judgement on the constitutional validity of Delhi Rent Control Act, 1958 the same bench issued notice in a petition (civil appeal) which inter alia prayed for immediate steps to save the “critically endangered species of indigenous cow progeny with immediate effect and stop their slaughter in any part of the country”. Salve is scathing in his criticism of the protagonists of left-leaning economy he ignores that an increasing number of PILs are being filed to implement the right wing agenda. ![]() If the number of PILs filed is an indicator of governance during 2009-2014 then by that same logic it implies total failure of governance from June 2014 onwards. Analysis of the data shows that there was an increase of 65% in letter/petitions, 59 % in Writ Petitions (Civil) and 38% in Writ Petitions (Criminal) received/filed as PIL in the Supreme Court during 65 months of NDA I & II (June 2014 to October, 2019) as compared to 65 months of UPA I & II (January 2009 to May 2014). ![]() The data shows that maximum number of letter/petitions, Writ Petitions (Civil) and Writ Petitions (Criminal) filed under PIL till date were received by the Supreme Court in 2018 i.e. However the 2018-19 Annual Report on Indian Judiciary published by the Supreme Court of India gives number of Letters/Petitions and Writ Petitions (Civil and Criminal) received/filed under PIL in the Supreme Court of India from 1985 to. Salve states “2009-14 saw a dramatic rise in such PILs – as governance shrank … for nature abhors a vacuum”. While taking a dig at the UPA 2 government Mr. As certain points raised by him cannot be left uncontested and the ToI is unlikely to print my viewpoint in full, I am taking the liberty of raising the same in CC. Harish Salve (The Times of India, ) the author has been critical of PILs but in a selective way. However in a recent article ‘ The Rise and Fall of The PIL’ by Mr. The mainstream print media never tires of speaking up in favour of Public Interest Litigation (PIL). Share on WhatsApp Share on Facebook Share on Twitter Share on Telegram Share on Reddit Share on Email ![]()
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