New Delhi: Prof.Bhim Singh, Sr. Advocate & four times Sr. Executive Member, Supreme Court Bar Association (SCBA) made an urgent plea to the Chief Justice of India and his companion judges to consider immediate relaxation of rules in filing writ petitions in the Supreme Court of India for the protection of Fundamental Rights so that all the complicated practices being exercised today in moving writ petitions for the implementation of any of the Fundamental Rights in the Supreme Court.
Prof.Bhim Singh, Bar-at-Law who holds Masters Degree in Law from London University with distinction made an urgent appeal to the Chief Justice of India and his companion judges to relax the conditions/rules for the petitioners seeking enforcement of any of the Fundamental Rights violated by the State or State Agencies.
Prof.Bhim Singh described this experience while preparing a writ petition against the State of Jammu and Kashmir saying that he had to engage more than four friendly and close lawyers to prepare writ petition about four political activists of the Panthers Party who were detained on September 25, 2020 in Kathua District, J&K. It was only a technical matter that the political detenus arrested for violating prohibitory orders were detained and demonstrated in handcuffs in the streets of Kathua District because of the political vendetta of the ruling clique. Sr. Advocate said that even after four days this experiment of preparing a writ petition under Article 32 of the Constitution of India did not go well. After four days several objections are pouring from the admission bench of the Supreme Court office raising one objection after the other. He said that it would have taken a couple of hours to file this kind of writ petition under Article 32 before the Supreme Court of India. This has taken four days and if one has to pay expenses for filing it is enormous. This kind of legal aid movement or legal aid to the affected citizens of India may cost more than the prisoners would earn in his lifetime.
Besides, it is not so easy to satisfy the checking persons at the counter on telephone or through the mail messages. It is also important that such a mailing system for filing writ petitions in Supreme Court or High court is not so easy and adds to the confusion and disappointment for the arguing counsels.
Prof.Bhim Singh has been filing Public Interest Litigations (PILs) for more than 40 years with credible records. He has succeeded in the Supreme Court to get hundreds of unconstitutionally detained foreigners including Pakistanis. He has been fighting PILs for the detenus of J&K, Punjab and other states being the Executive Chairman, State Legal Aid Committee, J&K. He urged the Supreme Court Chief Justice to kindly take SCBA and other noted jurists in confidence so that an appropriate and easy methodology may be adopted to file emergency cases before the Supreme Court for human rights violation. He said it was the Supreme Court and its well-known judges who had issued direction to the victims of the State to send even a letter or postcard to the Supreme Court about the injustice or violation of law he has been made to suffer. There are several judgments of the Supreme Court issuing urgent relief to the victims of the State anywhere in India. All of them stand recorded in the judicial history of the judgments of the Supreme Court of India.
Prof.Bhim Singh also appealed to the legal organizations and the legal fraternity to take this cause of the wretched of the earth so that the latest/new trend being applied in the Supreme Court for filing human rights violation cases shall not suffer from the most complicated mechanism. Let the Supreme Court come out openly that any person/citizen of India shall knock the doors of the Supreme Court by sending their case through a postcard, letter so that he shall not have to go through the most complicated system in filing a case in the Supreme Court, even a writ petition. If this trend continues 80% citizens of India suffering at the hands of the State may not survive to wait fo