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Supreme Court Rules (Proposed)

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I also understood that enforcement of fundamental rights under Article 32 of the Constitution in selective matters still far from its object, purpose, meaning, ambit and scope. Resultantly, Politics-Crime-Nexus is developed in every part of the Country. As such I invented, innovated, evolved and referred suggestions in Writ Petition (Civil) No. 151 of 1996 before Supreme Court of India, the possible RULES under sub-clause (c) clause (1) of Article 145 of the Constitution of India, to define “appropriate proceedings” for Civil Relief in respect of infringement of any of the fundamental Rights, without any extra burden of the workload upon the Supreme Court. If these Rules could have been accepted, then present procedure of preliminary hearing to consider admissibility of the Petition should have been repealed. Under my suggestion, after filing, service of copy of Writ Petition to each Respondent would have been a must. Thereafter, in any case, if matter is put before a Bench of Supreme Court for hearing and Court satisfied that even after filing and service of the copy of the Writ Petition, fundamental rights are not restored it could have been trouble some for the Head of such Department to suffer consequences thereof. Under the suggested Rules, in maximum matters, without putting the Petition before a Bench for hearing, infringement of the fundamental rights could have been removed, making bureaucracy more accountable. Here, I am reproducing my suggestions from the aforesaid Writ Petition for kind considerations of the citizen, litigants and more particularly Advocates and other legal luminaries. 

SCHEDULE "B"

RULES under sub-clause (c) clause (1) of Article 145 of the Constitution of India, to define appropriate proceedings for Civil Reliefs

RULES :

  1. No premature petition as Remedy for enforcement of Fundamental Rights conferred under Part III of the Constitution for the directions or orders or writs in the nature of Mandamus and / or prohibition, in the matters of civil in nature, shall be filed.
  2. Maturity shall be construed on expiry of 30 days from the date of Demand for enforcement of Fundamental Rights served upon the head of a Department concerned, against which charges of negligence, or inaction or action which violates the fundamental Rights of any Citizen is made, with clear reference of the matter of violation of particular Article and within said period of 30 days no action on the part of the said head of the said Department is taken to correct the said violation.
  3. Writ Petition shall be contained the following facts in the first Paragraph.
    1. Date of violation of fundamental rights;
    2. Name of the person (public servants accountable for violation of fundamental rights);
    3. Matter in brief;
    4. Department, to whom Notice of Demand under Rule (2) has been served demanding enforcement of Fundamental Rights but in vain;
    5. Thereafter in subsequent paragraphs all facts should be stated in detail in chronological order; and
    6. Writ Petition should be supported by an affidavit.

  4. The Cabinet Secretary and / or Chief Secretary of the Central Government and / or respective State shall be made first respondent in the Writ Petition as the case may be. The Head of the respective departments and public servants responsible for violation of the Fundamental Rights shall be subsequent Respondents.
  5. The Petition can be sent by Registered Post or filed personally before Registrar of Supreme Court.
  6. THAT After receipt of such Writ Petition, the Registrar shall allot the Temporary Writ Petition (Civil) Number to the Petitioner.
  7. After receipt of the Temporary Writ Petition (Civil) Number, the Petitioner shall sent a copy of the Writ Petition by Registered Post to each Respondent, informing them that Petition has been Registered as a Temporary Writ Petition (Civil) being Number under Rule 6.
  8. This will be mandatory duty of each Respondent to file his Reply mentioning each and every fact in detail with photocopies of supporting evidence, if any, supported by affidavit, within 3o days from the date of receipt of copy of such Temporary Writ Petition (Civil). Such Reply shall not hide any thing about the matter referred in the Writ Petition.
  9. That any thing contained false in the Writ Petition and Reply thereof, filed under Rule 3 and 8 shall be construed as Contempt of the Supreme Court, and person, who affirm such affidavit containing false statement shall be liable for contempt proceeding before Supreme Court.
  10. The each Respondent shall have duty to serve a copy of the reply with all annexures to the Writ Petitioner within 7 days from the date of affidavit, at the address mentioned in the Writ Petition.
  11. That if any of the Respondent restored the Fundamental Rights before affirmation of the affidavit under Rule 8 and the Writ Petitioner satisfy with the same, he shall convey the same to the Registrar of the Supreme Court and in such event such Writ Petition shall disposed off accordingly. Before the disposal the Petitioner of such Petition shall file affidavit(s) confirming the same things, within 30 days from the date of service of Reply by the Respondent.
  12. That if Writ Petitioner not satisfy, with the affidavit (together with reply) of any of the Respondent, he shall file Counter affidavit before the Registrar of Supreme Court, within 30 days from the date of Reply served by the Respondent(s).
  13. That after Counter affidavit from the Writ Petitioner, the Registrar of Supreme Court shall Register, the same as Regular Writ Petition and listed the same for hearing.
  14. That Regular Writ Petition shall be heard on merit by a Division Bench of Supreme Court.
  15. In case of any urgency, a Petitioner can move for any urgent relief with the leave of the Supreme Court without applying any of the above Rules.

Above covers only few of my steps

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