Jai Hind Jai Bharat

Jai Hind Jai Bharat

Friday, April 29, 2011

Case Laws on Right to Health

In Consumer Education and Resource Centre Vs Union of India
(AIR 1955 SC 636)

It was held that the Right to Health is essential for human existence and is, therefore an integral part of the Right to Life. Fundamental Right under Article 21 read with Articles 39(c), 41 and 43 of the Constitution and makes the life of the workman meaningful and purposeful with dignity of person. Right to life includes protection of the health and strength of the worker and is a minimum requirement to enable a person to live with human dignity


Bandhua Mukti Morcha Vs Union of India
(AIR 1984 SC 802)

The Supreme Court has held that the Right to Life includes the right to live with dignity. The Supreme Court held that the right to health includes the health care and right to determinants of health such as food security, water supply, housing and sanitation etc. It reflected the importance of health as a prerequisite for Right to Life whereby it can be inferred that Right to Health is an important human right and its denial can be detrimental to the existence of human life.

Paschim Baga Khet Mazoor Samiti Vs State of West Bengal

(AIR 1996 SC 426)

That that Article 21 imposes an obligation on the State to safeguard the right to life of every person therefore failure on the part of a government hospital to provide timely medical treatment to a person in need of such treatment results in violation of his Right to Life guaranteed under Article 21. Further, the Court ordered that Primary health care centers be equipped to deal with medical emergencies. It has also been held in this judgment that the lack of financial resources cannot be a reason for the State to shy away from its constitutional obligation.

Medical practitioners do not enjoy any immunity from an action in tort, and they can be sued on the ground that they have failed to exercise reasonable skill and care. The Supreme Court has held that medical practitioners are governed by the Indian Medical Council Act and are subject to the disciplinary control of the Medical Councils. Service rendered to a patient by a medical practitioner (except where the doctor renders service free of charge to every patient or under Contract of personal service), by way of consultation, diagnosis and treatment, both medical and surgical, was held to fall in the case of within the ambit of ‘Service’ as defined in Section 2(1) (O) of the Consumer Protection Act, 1986.


Mahendra Pratap Singh Vs State of Orissa

(AIR 1997 Ori 37)

A case pertaining to the failure of the government in opening a primary health care centre in a village, the court had held that the government is required to assist people get treatment and lead a healthy life. Primary concern should be the primary health centre and technical fetters cannot be introduced as subterfuges to cause hindrances in the establishment of health centre. It also stated that, great achievements and accomplishments in life are possible if one is permitted to lead an acceptably healthy life. Thereby, there is an implication that the enforcing of the right to life is a duty of the state and that this duty covers the providing of right to primary health care implying that the right to life includes the right to primary health care.


Citizens and Inhabitants of Municipal Ward Vs Municipal Corporation,

(AIR 1998 Kar 10)

Gwalior the court deliberated on the question- Is the State machinery bound to assure adequate conditions necessary for health? The case involved the maintaining of sanitation and drainage facilities by municipal corporations. It was held that the State and its machineries (in the instant case, the Municipal Corporation) are bound to assure hygienic conditions of living and therefore, health. The Karnataka High Court has deliberated on the right of an individual to have access to drinking water.


--

Haider Ajaz



Tuesday, April 26, 2011

Details of Recruitment through RTI Act 2005


[Compiled by J. P. Shah Cell 9924106490]

Of late, large number of youths are facing problem of accessing marks, answer sheets and details of recruitment etc from Govt. Depts/organizations/undertakings. I append below RTI application and guidelines for accessing all relevant information of recruitment through RTI Act 2005.

These guidelines and format are for recruitments by all departments, undertakings and organizations of Central Govt. [including Delhi Govt. and Union Territories]

In case of recruitment by State Govt. departments, state undertakings or organizations, you will have to follow RTI Rules of concerned State for format and fee payment. These details are available at www.rti.gov.in or http://www.rtiindia.org/guide/centrestate-rti-rules-and-fees-3/. You may retain “Particulars of information required” as stated in this RTI application format as stated at column No. 3, in application for State Govt. recruitment. In case of State Govt. please address application to “State Public Information Officer” instead of “Central Public Information Officer”[CPIO].

In case if any State Govt. has not prescribed format for RTI application, you may use annexed format meant for Central Govt. with changes as above. In this case also follow fee payment rules as stated in RTI rules of that State and accordingly amend column No. 4. If stamps are affixed as prescribed in State rules, amend column as “ I have affixed on top of this application relevant stamp for Rs. ___”

You may also visit: http://www.rtiindia.org/forum/blogs/jps50/331-how-apply-if-format-not-prescribed-state-rti-rules.html

Details of payment of RTI application filing fee of few states are as under:

Gujarat: Rs.20 by affixing court fee stamps or non-judicial stamp paper [including franking at selected banks].

Maharashtra, West Bengal : Rs. 10 by affixing court fee stamp.

Karnataka, Kerala : Rs.10/- by postal order in favour of “State Public Information Officer” payable at the place where application is being sent.

Tamil Nadu: Rs.10/- by non-judicial court fee stamp.

Rajasthan & U. P.: Rs.10/- by postal order [refer-point no. 3 of short guidelines.

Short guidelines:

1. Locate exact CPIO and his address of concerned Govt. office by visiting website of relevant ministry/dept/undertaking etc [called Public Authority i.e. PA] or by visiting/contacting on phone local office of PA.

2. If you cannot get it as above, address application to CPIO of Head Office/ministry to whom the information may pertain. He will mail to correct CPIO within five days of receipt of your application.

3. Attach crossed postal order of Rs.10/-. It is available in post offices. Mention your name and address in it and leave other items blank

4. Attach self-attested photocopies of hall ticket for written test and call letter for interview [if you attended interview].

5. Retain photocopy of entire set including postal order etc.

6. Mail by speed/regd. AD post. Avoid courier/hand delivery.

7. Carefully retain postal proof of mailing, AD and official acknowledgement if any received.

8. If you do not receive reply within 40 days of mailing by you, file first appeal. You have 30 days time from the date when information should have reached you, for first appeal. For first appeal please refer RTI link of

http://www.rtiindia.org/guide/how-to-use-your-right-to-information-4/how-to-write-first-appeal-under-rti-2/

9. If you receive reply and are not satisfied with it, then within 30 days of receipt of reply by you, you should file first appeal as above.

10. It is advisable to consult local RTI NGO/activists for first and second appeals for better results. Consultation is normally free as a social service.

All the best.

Format for RTI Application for Central Govt Recruitment:

THE RIGHT TO INFORMATION ACT 2005

APPLICATION FOR OBTAINING INFORMATION __________________________________________________________

Date: _______ By Regd Ad post

To,
Central Public Information Officer

Name of recruiting dept/organization________________

Address: _____________

_______________________

1. Name of the Applicant: ____________

2. Full Address: _____________

Mobile No: ___________________

3. Particulars of information required:

I had appeared in written test for recruitment for the post of ______ conducted in the month of _______, as per enclosed photocopy of hall ticket dated __________ . My roll No. was ________.

And/Or

I appeared for interview at ________ place on _______ as per enclosed copy of call letter dated _________@

In this connection please provide me following papers and information:

3.1 Paper-wise marks obtained by me in written test.

3.2 Certified copies of evaluated answer sheets.

3.3 Cut of marks in written test up to which candidates were called for interview.

3.4 Details of marks obtained in interview by me.@

3.5 Cut off total marks [written test + interview] obtained by the last candidate who is declared successful.@

3.6 Certified copy of merit list prepared for appointment.

3.7 Serial number in merit list up to which candidates have been actually appointed.

3.8 Number of candidates who have joined as on date of this application.

3.9 Certified extract from service rules which provide for action and punishment to your employees for defying rules and laws enacted by Parliament/State assembly.

[@delete if not called for interview ]

4. Payment of filing fee:

Postal Order No. _____________for Rs.10/- is enclosed. Since I could not locate exact name of payee etc I am enclosing blank postal order with a request to fill in the details u/s 5.3 of RTI Act 2005.


5. Please rush the information to me by speed/registered post. I am an Indian citizen. Please reply in English.

6. Please refer relevant decisions No. CIC/SM/A/2009/001877AT dated 18-11-2010 [against SBI], No. CIC/SM/A/2009/001342 dated 30-06-2010, CIC/SM/A/2010/000903 dated 08-04-2011 and No. CIC/AD/C/2010/001216 dated 27-01-2011 of Central Information Commission New Delhi. Please also refer judgement dated 30-08-2010 of Hon’ble HIGH COURT OF KERALA AT ERNAKULAM in WP(C).No. 6532 of 2006(C).

Signature of Applicant: _____________

Encl: a/a


--

Haider Ajaz


Monday, April 25, 2011

LAW COMMISSION OF INDIA

Consultation Paper-cum-Questionnaire regarding Section 498-A of Indian Penal Code

1. Keeping in view the representations received from various quarters and observations made by the Supreme Court and the High Courts, the Home Ministry of the Government of India requested the Law Commission of India to consider whether any amendments to s.498A of Indian Penal Code or other measures are necessary to check the alleged misuse of the said provision especially by way of over-implication.

2. S.498A was introduced in the year 1983 to protect married women from being subjected to cruelty by the husband or his relatives. A punishment extending to 3 years and fine has been prescribed. The expression ‘cruelty’ has been defined in wide terms so as to include inflicting physical or mental harm to the body or health of the woman and indulging in acts of harassment with a view to coerce her or her relations to meet any unlawful demand for any property or valuable security. Harassment for dowry falls within the sweep of latter limb of the section. Creating a situation driving the woman to commit suicide is also one of the ingredients of ‘cruelty’. The offence under s.498A is cognizable, non-compoundable and non-bailable.

3. In a recent case of Preeti Gupta v. State of Jharkhand, the Supreme Court observed that a serious relook of the provision is warranted by the Legislature. “It is a matter of common knowledge that exaggerated versions of the incidents are reflected in a large number of complaints. The tendency of over-implication is also reflected in a very large number of cases”. The Court took note of the common tendency to implicate husband and all his immediate relations. In an earlier case also - Sushil Kumar Sharma v. UOI (2005), the Supreme Court lamented that in many instances, complaints under s.498A were being filed with an oblique motive to wreck personal vendetta. “It may therefore become necessary for the Legislature to find out ways how the makers of frivolous complaints or allegations can be appropriately dealt with”, it was observed. It was also observed that “by misuse of the provision, a new legal terrorism can be unleashed”.

4. The factum of over-implication is borne out by the statistical data of the cases under s.498A. Such implication of the relatives of husband was found to be unjustified in a large number of decided cases. While so, it appears that the women especially from the poor strata of the society living in rural areas rarely take resort to the provision.

5. The conviction rate in respect of the cases under s.498A is quite low. It is learnt that on account of subsequent events such as amicable settlement, the complainant women do not evince interest in taking the prosecution to its logical conclusion.

6. The arguments for relieving the rigour of s.498A by suitable amendments (which find support from the observations in the Court judgments and Justice Malimath Committee’s report on Reforms of Criminal Justice System) are: Once a complaint (FIR) is lodged with the Police under s.498A/406 IPC, it becomes an easy tool in the hands of the Police to arrest or threaten to arrest the husband and other relatives named in the FIR without even considering the intrinsic worth of the allegations and making a preliminary investigation. When the members of a family are arrested and sent to jail without even the immediate prospect of bail, the chances of amicable re-conciliation or salvaging the marriage, will be lost once and for all. The possibility of reconciliation, it is pointed out, cannot be ruled out and it should be fully explored. The imminent arrest by the Police will thus be counter-productive. The long and protracted criminal trials lead to acrimony and bitterness in the relationship among the kith and kin of the family. Pragmatic realities have to be taken into consideration while dealing with matrimonial matters with due regard to the fact that it is a sensitive family problem which shall not be allowed to be aggravated by over-zealous/callous actions on the part of the Police by taking advantage of the harsh provisions of s.498A of IPC together with its related provisions in CrPC. It is pointed out that the sting is not in s.498A as such, but in the provisions of CrPC making the offence non-compoundable and non-bailable.

7. The arguments, on the other hand, in support of maintaining the status quo are briefly:

S.498A and other legislations like Protection of Women from Domestic Violence Act have been specifically enacted to protect a vulnerable section of the society who have been the victims of cruelty and harassment. The social purpose behind it will be lost if the rigour of the provision is diluted. The abuse or misuse of law is not peculiar to this provision. The misuse can however be curtailed within the existing framework of law. For instance, the Ministry of Home Affairs can issue ‘advisories’ to State Governments to avoid unnecessary arrests and to strictly observe the procedures laid down in the law governing arrests. The power to arrest should only be exercised after a reasonable satisfaction is reached as to the bona fides of a complaint and the complicity of those against whom accusations are made. Further, the first recourse should be to effect conciliation and mediation between the warring spouses and the recourse to filing of a chargesheet under s.498A shall be had only in cases where such efforts fail and there appears to be a prima facie case. Counselling of parties should be done by professionally qualified counsellors and not by the Police.

7.1 These views have been echoed among others by the Ministry of Women and Child Development.

7.2 Further, it is pointed out that a married woman ventures to go to the Police station to make a complaint against her husband and other close relations only out of despair and being left with no other remedy against cruelty and harassment. In such a situation, the existing law should be allowed to take its own course rather than over-reacting to the misuse in some cases.

7.3 There is also a view expressed that when once the offending family members get the scent of the complaint, there may be further torture of the complainant and her life and liberty may be endangered if the Police do not act swiftly and sternly. It is contended that in the wake of ever increasing crimes leading to unnatural deaths of women in marital homes, any dilution of Section 498-A is not warranted. Secondly, during the long–drawn process of mediation also, she is vulnerable to threats and torture. Such situations too need to be taken care of.

8. There is preponderance of opinion in favour of making the said offence compoundable with the permission of the court. Some States, for e.g., Andhra Pradesh have already made it compoundable. The Supreme Court, in a recent case of --*---, observed that it should be made compoundable. However, there is sharp divergence of views on the point whether it should be made a bailable offence. It is pleaded by some that the offence under s.498A should be made bailable at least with regard to husband’s relations.*Ramgopal v. State of M. P. in SLP (Crl.) No. 6494 of 2010 (Order dt. July 30, 2010.

8.1 Those against compoundability contend that the women especially from the rural areas will be pressurized to enter into an unfair compromise and further the deterrent effect of the provision will be lost.

9. The Commission is of the view that the Section together with its allied CrPC provisions shall not act as an instrument of oppression and counter-harassment and become a tool of indiscreet and arbitrary actions on the part of the Police. The fact that s.498A deals with a family problem and a situation of marital discord unlike the other crimes against society at large, cannot be forgotten. It does not however mean that the Police should not appreciate the grievance of the complainant woman with empathy and understanding or that the Police should play a passive role.

10. S.498A has a lofty social purpose and it should remain on the Statute book to intervene whenever the occasion arises. Its object and purpose cannot be stultified by overemphasizing its potentiality for abuse or misuse. Misuse by itself cannot be a ground to repeal it or to take away its teeth wholesale.

11. While the Commission is appreciative of the need to discourage unjustified and frivolous complaints and the scourge of over-implication, it is not inclined to take a view that dilutes the efficacy of s.498A to the extent of defeating its purpose especially having regard to the fact that atrocities against women are on the increase. A balanced and holistic view has to be taken on weighing the pros and cons. There is no doubt a need to address the misuse situations and arrive at a rational solution – legislative or otherwise.

12. There is also a need to create awareness of the provisions especially among the poor and illiterate living in rural areas who face quite often the problems of drunken misbehavior and harassment of women folk. More than the women, the men should be apprised of the penal provisions of law protecting the women against harassment at home. The easy access of aggrieved women to the Taluka and District level Legal Service Authorities and/or credible NGOs with professional counsellors should be ensured by appropriate measures. There should be an extensive and well-planned campaign to spread awareness. Presently, the endeavour in this direction is quite minimal. Visits to few villages once in a way by the representatives of LSAs, law students and social workers is the present scenario.

13. There is an all-round view that the lawyers whom the aggrieved women or their relations approach in the first instance should act with a clear sense of responsibility and objectivity and give suitable advice consistent with the real problem diagnosed. Exaggerated and tutored versions and unnecessary implication of husband’s relations should be scrupulously avoided. The correct advice of the legal professionals and the sensitivity of the Police officials dealing with the cases are very important, and if these are in place, undoubtedly, the law will not take a devious course. Unfortunately, there is a strong feeling that some lawyers and police personnel have failed to act and approach the problem in a manner morally and legally expected of them.

14. Thus, the triple problems that have cropped up in the course of implementation of the provision are:(a) the police straightaway rushing to arrest the husband and even his other family members (named in the FIR), (b) tendency to implicate, with little or no justification, the in-laws and other relations residing in the marital home and even outside the home, overtaken by feelings of emotion and vengeance or on account of wrong advice, and (c) lack of professional, sensitive and empathetic approach on the part of the police to the problem of woman under distress.

15. In the context of the issue under consideration, a reference to the provisions of Protection of Women from Domestic Violence Act, 2005 (for short PDV Act) which is an allied and complementary law, is quite apposite. The said Act was enacted with a view to provide for more effective protection of rights of women who are victims of violence of any kind occurring within the family. Those rights are essentially of civil nature with a mix of penal provisions. Section 3 of the Act defines domestic violence in very wide terms. It encompasses the situations set out in the definition of ‘cruelty’ under Section 498A. The Act has devised an elaborate machinery to safeguard the interests of women subjected to domestic violence. The Act enjoins the appointment of Protection Officers who will be under the control and supervision of a Judicial Magistrate of First Class. The said officer shall send a domestic incident report to the Magistrate, the police station and service providers. The Protections Officers are required to effectively assist and guide the complainant victim and provide shelter, medical facilities, legal aid etc. and also act on her behalf to present an application to the Magistrate for one or more reliefs under the Act. The Magistrate is required to hear the application ordinarily within 3 days from the date of its receipt. The Magistrate may at any stage of the proceedings direct the respondent and/or the aggrieved person to undergo counseling with a service provider. ‘Service Providers’ are those who conform to the requirements of Section 10 of the Act. The Magistrate can also secure the services of a welfare expert preferably a woman for the purpose of assisting him. Under Section 18, the Magistrate, after giving an opportunity of hearing to the Respondent and on being prima facie satisfied that domestic violence has taken place or is likely to take place, is empowered to pass a protection order prohibiting the Respondent from committing any act of domestic violence and/or aiding or abetting all acts of domestic violence. There are other powers vested in the Magistrate including granting residence orders and monetary reliefs. Section 23 further empowers the Magistrate to pass such interim order as he deems just and proper including an ex-parte order. The breach of protection order by the respondent is regarded as an offence which is cognizable and non-bailable and punishable with imprisonment extending to one year (vide Section 31). By the same Section, the Magistrate is also empowered to frame charges under Section 498A of IPC and/or Dowry Prohibition Act. A Protection Officer who fails or neglects to discharge his duty as per the protection order is liable to be punished with imprisonment (vide Section 33). The provisions of the Act are supplemental to the provisions of any other law in force. A right to file a complaint under Section 498A is specifically preserved under Section 5 of the Act.

15.1 An interplay of the provisions of this Act and the proceedings under s.498A assumes some relevance on two aspects: (1) Seeking Magistrate’s expeditious intervention by way of passing a protective interim order to prevent secondary victimization of a complainant who has lodged FIR under s.498A. (2) Paving the way for the process of counselling under the supervision of Magistrate at the earliest opportunity.

16. With the above analysis and the broad outline of the approach indicated supra, the Commission invites the views of the public/NGOs/institutions/Bar Associations etc. on the following points, before preparing and forwarding to the Government the final report:


Questionnaire

1) a) What according to you is ideally expected of Police, on receiving the FIR alleging an offence u/s 498A of IPC? What should be their approach and plan of action?

b) Do you think that justice will be better meted out to the aggrieved woman by the immediate arrest and custodial interrogation of the husband and his relations named in the FIR? Would the objective of s.498A be better served thereby?

2) a) The Supreme Court laid down in D.K. Basu (1996) and other cases that the power of arrest without warrant ought not to be resorted to in a routine manner and that the Police officer should be reasonably satisfied about a person’s complicity as well as the need to effect arrest. Don’t you agree that this rule applies with greater force in a situation of matrimonial discord and the police are expected to act more discreetly and cautiously before taking the drastic step of arrest?

b) What steps should be taken to check indiscriminate and unwarranted arrests?

3) Do you think that making the offence bailable is the proper solution to the problem? Will it be counter-productive?

4) There is a view point supported by certain observations in the courts’ judgments that before effecting arrest in cases of this nature, the proper course would be to try the process of reconciliation by counselling both sides. In other words, the possibility of exploring reconciliation at the outset should precede punitive measures. Do you agree that the conciliation should be the first step, having regard to the nature and dimension of the problem? If so, how best the conciliation process could be completed with utmost expedition? Should there be a time-limit beyond which the police shall be free to act without waiting for the outcome of conciliation process?

5) Though the Police may tender appropriate advice initially and facilitate reconciliation process, the preponderance of view is that the Police should not get involved in the actual process and their role should be that of observer at that stage? Do you have a different view?

6) a) In the absence of consensus as to mediators, who will be ideally suited to act as mediators/conciliators – the friends or elders known to both the parties or professional counsellors (who may be part of NGOs), lady and men lawyers who volunteer to act in such matters, a Committee of respected/retired persons of the locality or the Legal Services Authority of the District?

b) How to ensure that the officers in charge of police stations can easily identify and contact those who are well suited to conciliate or mediate, especially having regard to the fact that professional and competent counsellors may not be available at all places and any delay in initiating the process will lead to further complications?

7) a) Do you think that on receipt of complaint under S.498A, immediate steps should be taken by the Police to facilitate an application being filed before the Judicial Magistrate under the PDV Act so that the Magistrate can set in motion the process of counselling/conciliation, apart from according interim protection?

b) Should the Police in the meanwhile be left free to arrest the accused without the permission of the Magistrate?

c) Should the investigation be kept in abeyance till the conciliation process initiated by the Magistrate is completed?

8) Do you think that the offence should be made compoundable (with the permission of court)?

Are there any particular reasons not to make it compoundable?

9) Do you consider it just and proper to differentiate the husband from the other accused in providing for bail?

10) a) Do you envisage a better and more extensive role to be played by Legal Services Authorities (LSAs) at Taluka and District levels in relation to s.498A cases and for facilitating amicable settlement? Is there a need for better coordination between LSAs and police stations?

b) Do you think that aggrieved women have easy access to LSAs at the grassroot level and get proper guidance and help from them at the pre-complaint and subsequent stages?

c)Are the Mediation Centres in some States well equipped and better suited to attend to the cases related to S,498-A?

11) What measures do you suggest to spread awareness of the protective penal provisions and civil rights available to women in rural areas especially among the poorer sections of people?

12) Do you have any informations about the number of and conditions in shelter homes which are required to be set up under PDV Act to help the aggrieved women who after lodging the complaint do not wish to stay at marital home or there is none to look after them?

13) What according to you is the main reason for low conviction rate in the prosecutions u/s 498A?

14) (a) Is it desirable to have a Crime Against Women Cell (CWC) in every district to deal exclusively with the crimes such as S.498A? If so, what should be its composition and the qualifications of women police deployed in such a cell?

(b) As the present experience shows, it is likely that wherever a CWC is set up, there may be substantial number of unfilled vacancies and the personnel may not have undergone the requisite training. In this situation, whether it would be advisable to entrust the investigation etc. to CWC to the exclusion of the jurisdictional Police Station?


Received with Thanks from

Lawyers Club India


Saturday, April 23, 2011

“PUBLIC INTEREST LITIGATION AND LEGAL AID CUM PARA LEGAL SERVICES"

INDEX

S.No.

Page No.

1

Acknowledgement

-1-

2

Introduction

-2-

3

Public Interest Litigation and Judiciary

-3 and 4-

4

Objectives, Nature and Constitutional Backings of the PIL

-5-

5

Issues Related to PIL

-6-

6

Concept of Legal Aid

-7 and 8-

7

Public Interest Litigation and Legal Aid

-9 to 12-

8

Para Legal Services

-13 to 17-

Acknowledgement

Avarice is disgrace; cowardice is a defect; poverty often disables an intelligent man from arguing his case; a poor man is a stranger in his own town; misfortune and helplessness are calamities; patience is a kind of bravery; to sever attachments with the wicked world is the greatest wealth; piety is the best weapon of defence.

--Imam Ali (as)—

I, Haider Ajaz is much grateful to Google and Other Legal URLs which provides me with the material and case laws for my Project

“PUBLIC INTEREST LITIGATION AND LEGAL AID CUM PARA LEGAL SERVICES”.

I am very thankful to the author of the book Constitutional Law of India- Dr. J.N. Pandey for his theoretical guidance.

Last but not the least I thanks the following website owners for there incredible material on Law.

1- www.lawyersclubindia.com

2- www.legalservicesindia.com

3- www.lawfunda.com

4- www.vakilno1.com

5- www.haiderajaz.blogspot.com

INTRODUCTION

"Public interest Litigation", in simple words, means, litigation filed in a court of law, for the protection of "Public Interest", such as pollution, Terrorism, Road safety, constructional hazards etc.

PUBLIC INTEREST LITIGATION is not defined in any statute or in any act. It has been interpreted by judges to consider the intent of public at large. Although, the main and only focus of such litigation is only "Public Interest" there are various areas where a PUBLIC INTEREST LITIGATION can be filed.

In Indian law, means litigation for the protection of public interest. It is litigation introduced in a court of law, not by the aggrieved party but by the court itself or by any other private party. It is not necessary, for the exercise of the court's jurisdiction, that the person who is the victim of the violation of his or her right should personally approach the court. Public Interest Litigation is the power given to the public by courts through judicial activism.

Such cases may occur when the victim does not have the necessary resources to commence litigation or his freedom to move court has been suppressed or encroached upon. The court can itself take cognizance of the matter and precede suo motu or cases can commence on the petition of any public-spirited individual.

Public Interest Litigation's explicit purpose is to alienate the suffering off all those who have borne the brunt of insensitive treatment at the hands of fellow human being. Transparency in public life & fair judicial action are the right answer to check increasing menace of violation of legal rights. Traditional rule was that the right to move the Supreme Court is only available to those whose fundamental rights are infringed.
But this traditional rule was considerably relaxed by the Supreme Court in its recent rulings:

Public Interest Litigation and Judiciary


Peoples Union for Democratic Rights v. Union of India

(A.I.R. 1982, SC 1473).

The court now permits Public Interest Litigation or Social Interest Litigation at the instance of “Public spirited citizens" for the enforcement of constitutional & legal rights of any person or group of persons who because of their socially or economically disadvantaged position are unable to approach court for relief. Public interest litigation is a part of the process of participate justice and standing in civil litigation of that pattern must have liberal reception at the judicial door steps.



In the Judges Transfer Case

(AIR 1982, SC 149):

Court held Public Interest Litigation can be filed by any member of public having sufficient interest for public injury arising from violation of legal rights so as to get judicial redress. This is absolutely necessary for maintaining Rule of law and accelerating the balance between law and justice.
It is a settled law that when a person approaches the court of equity in exercise of extraordinary jurisdiction, he should approach the court not only with clean hands but with clean mind, heart and with clean objectives.



Shiram Food & Fertilizer case

(AIR 1986, 2 SCC 176)

SC through Public Interest Litigation directed the Co. Manufacturing hazardous & lethal chemical and gases posing danger to life and health of workmen & to take all necessary safety measures before re-opening the plant.




In the case of M.C Mehta V. Union of India

(AIR 1988, 1 SCC 471)

In Public Interest Litigation brought against Ganga water pollution so as to prevent any further pollution of Ganga water. Supreme court held that petitioner although not a riparian owner is entitled to move the court for the enforcement of statutory provisions, as he is the person interested in protecting the lives of the people who make use of Ganga water.

Parmanand Katara V. Union of India

(AIR 1989, SC 2039)

Supreme Court held in the Public Interest Litigation filed by a human right activist fighting for general public interest that it is a paramount obligation of every member of medical profession to give medical aid to every injured citizen as soon as possible without waiting for any procedural formalities.

OBJECTIVES OF PIL

According to Justice V.R. Krishna Iyer, PIL is a process, of obtaining justice for the people, of voicing people's grievances through the legal process. The aim of PIL

is to give to the common people of this country access to the courts to obtain legal redress.

NATURE OF PIL

According to Justice Bhagwati "PIL is not in the nature of adversary litigation but it is a challenge and an opportunity to the Government and its officers to make basic human rights meaningful to the deprived and vulnerable sections of the community and to assure them social and economic justice which is the significant tune of our Constitution. The government and its officers must welcome PIL because it would provide them an accession to examine whether the poor and the downtrodden are getting their social and entitlements or whether they are continuing to remain victims of deception and exploitation at the hands of strong and powerful sections of the community... when the court entertains PIL, it does not do so in a cavilling spirit or in a confrontational mood or with a view to tilting at executive authority or seeking to usurp it, but its attempt is only to ensure observance of social and economic rescue programmes, legislative as well as executive, framed for the benefit of the have-nots and the handicapped and to protect them against violation of their basic human rights, which is also the constitutional obligation of the executive. The court is thus merely assisting in the realization of the constitutional objective," (AIR 1984 SC 802)

CONSTITUTIONAL BACKING

The new and liberal interpretation of the fundamental rights found in Part III and the Directive Principles of State Policy in Part IV of the Constitution of India. They are drawn from the revolutionary documents like the American Bill of Rights and the Universal Declaration of Human Rights.

Articles 32 and 228 of the Constitution that give power to any citizen to move the

Supreme Court or High Courts wherever there is an infringement of a fundamental right?

.

ISSUES RELATED TO PIL

1. Basic amenities such as roads, water, medicines, electricity, primary school, primary health centre, bus service, etc,

2. Rehabilitation of displaced persons.

3. Identification and rehabilitation of bonded and child labourers.

4. Illegal detention of arrested persons.

5. Torture of persons in police custody.

6, Custodial deaths.

7, Protection of prisoner's rights.

8. Jail reform.

9. Speedy trials of under trials.

10. Ragging in colleges.

11. Atrocities by police.

12. Atrocities against SCs/STs.

13. Neglect of inmates of government welfare homes,

14. Children in custody.

15. Adoption of children.

18, Corruption charges against public servants.

17. Maintenance of law and order,

18. Payment of minimum wages.

10. Legal aid to the poor.

20. Starvation deaths.

21. Indecent television programmes.

22. Prohibition.

23. Environmental pollution.

24. Unauthorised eviction,

25. Protection of pavement and slum dwellers.

28. Dowry deaths.

27. Implementation of welfare laws.

28. Reform of illegal social customs such as sati, child marriage, devdasi system, etc.

29. Violation of fundamental rights of the weaker sections.

Concept of Legal Aid

AN INTRODUCTION

The concept of legal aid in the form of Article 39A into our constitutional framework. Hence, legal aid is not a charity or bounty, but is a constitutional obligation of the state and right of the citizens. The problems of human law and justice, guided by the constitutional goals to the solution of disparities, agonies, despairs, and handicaps of the weaker, yet larger brackets of Bharat’s humanity is the prime object of the dogma of “equal justice for all”. Thus, legal aid strives to ensure that the constitutional pledge is fulfilled in its letter and spirit and equal justice is made available to the downtrodden and weaker sections of the society.

Justice Krishna Iyer regards it as a catalyst which would enable the aggrieved masses to re-assert state responsibility, whereas Justice P.N. Bhagwati simply calls it “equal justice in action”. But, again the constitution not being a mystic parchment but a Pragmatic package of mandates, we have to decode its articles in the context of Indian life’s tearful realities and it is here when the judiciary has to take center stage. The judicature, which by its creative interpretations has given an encyclopedic meaning to the concept of legal aid.

Time and again it has been reiterated by our courts that legal aid may be treated as a part of right created under Article 21 and also under Article 14 and Article 22(1) [Hussainara v. Home Secretary, State of Bihar, AIR 1979 SC 1377. Also Khatri v. State of Bihar, AIR 1981 SC 928, Suk Das v. Union Territory of Arunachal Pradesh, AIR 1986 SC 99, Kishore v. State of Himanchal Pradesh, AIR 1990 SC 2140]

. The apex court has held access to justice as a human right.[ Tashi Delek Gaming Solutions v. State of Karnatka, (2006) 1 SCC 442] thus, imparting life and meaning to law.

HISTORY OF LEGAL AID IN INDIA


The earliest Legal Aid movement appears to be of the year 1851 when some enactment was introduced in France for providing legal assistance to the indigent. In Britain, the history of the organized efforts on the part of the State to provide legal services to the poor and needy dates back to 1944, when Lord Chancellor, Viscount Simon appointed the Rushcliffe Committee to enquire about the facilities existing in England and Wales for giving legal advice to the poor and to make recommendations as appear to be desirable for ensuring that persons in need of legal advice are provided the same by the State. Since 1952, the Government of India also took the initiative to addressing to the question of legal aid for the poor and indigent in various Ministerial Law Conferences and Commissions. In 1960, some guidelines were drawn up by the Government of India for legal aid schemes.

Legal Aid Schemes were floated through Legal Aid Boards, Societies and Law Departments in various States in the Country. In 1980, a National Committee was constituted, under the Chairmanship of Honorable. Mr. Justice P.N. Bhagwati then a Judge of the Supreme Court of India to oversee and supervise legal aid programs throughout the country. This Committee came to be known as CILAS (Committee for Implementing Legal Aid Schemes) and started monitoring legal aid activities throughout the country. The introduction of Lok Adalats added a new chapter to the Justice Dispensation System of this country and succeeded in providing a supplementary forum to the litigants for conciliatory settlement of their disputes. The year 1987, proved to be very significant in Legal Aid history, as the “Legal Services Authorities Act” was enacted to give a statutory base to legal aid programs throughout the country and bring about a uniform pattern. This Act was finally enforced on 9th of November, 1995 after certain amendments were introduced therein by the Amendment Act of 1994. Honorable Mr. Justice R.N. Mishra the then Chief Justice of India played a key role in the enforcement of the Act.

LEGAL AID MOVEMENT

"Legal Aid scheme was first introduced by Justice P.N. Bhagwati under the Legal Aid Committee formed in 1971. According to him, the legal aid means providing an arrangement in the society so that the missionary of administration of justice becomes easily accessible and is not out of reach of those who have to resort to it for enforcement of its given to them by law" the poor and illiterate should be able to approach the courts and their ignorance and poverty should not be an impediment in the way of their obtaining justice from the courts. Legal aid should be available to the poor and illiterate. Legal aid as defined, deals with legal aid to poor, illiterate, who don't have access to courts. One need not be a litigant to seek aid by means of legal aid. Legal aid is available to anybody on the road.

Article 39A of the Constitution of India provides that State shall secure that the operation of the legal system promotes justice on a basis of equal opportunity, and shall in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disability. Articles 14 and 22(1) also make it obligatory for the State to ensure equality before law and a legal system which promotes justice on a basis of equal opportunity to all. Legal aid strives to ensure that constitutional pledge is fulfilled in
its letter and spirit and equal justice is made available to the poor, downtrodden and weaker sections of the society.

PIL AND LEGAL AID

State V. Union Of India

(AIR 1996, Cal 181 at 218)

Public Interest Litigation is a strategic arm of the legal aid movement which intended to bring justice. Rule of Law does not mean that the Protection of the law must be available only to a fortunate few or that the law should be allowed to be abused and misused by the vested interest. In a recent ruling of Supreme Court on " GROWTH OF SLUMS" in Delhi through Public Interest Litigation initiated by lawyers Mr. B.L. Wadhera & Mr. Almitra Patel Court held that large area of public land is covered by the people living in slum area . Departments despite being giving a dig on the slum clearance, it has been found that more and more slums are coming into existence. Instead of "Slum Clearance", there is "Slum Creation" in Delhi. As slums tended to increase; the Court directed the departments to take appropriate action to check the growth of slums and to create an environment worth for living.

Public Interest Litigation has proved a boon for the common men. Public Interest Litigation has set right a number of wrongs committed by an individual or by society. By relaxing the scope of Public Interest Litigation, Court has brought legal aid at the doorsteps of the teeming millions of Indians; which the executive has not been able to do despite a lot of money is being spent on new legal aid schemes operating at the central and state level.

Article 39A of the Constitution of India provides for equal justice and free legal aid. It is, therefore clear that the State has been ordained to secure a legal system, which promotes justice on the basis of equal opportunity. The language of Article-39A is couched in mandatory terms. This is made more than clear by the use of the twice-occurring word "shall" in Art-39 A. It is emphasized that the legal system should be able to deliver justice expeditiously on the basis of equal opportunity and provide free legal aid to secure that opportunities for securing justice are not denied to any citizens by reasons of economic or other disabilities. It was in this context that the parliament enacted the Legal Services Authority Act-1987.

In M.H. Hoskot v. State of Maharashtra

(AIR 1978, 3 SCC 81)

The Hon’ble court declared that "If a prisoner sentenced to imprisonment is virtually unable to exercise his constitutional and statutory right of appeal inclusive of special leave to appeal (to the Supreme Court) for want of legal assistance, there is implicit in the Court under Article 142 read with Articles 21 and 39-A of the Constitution, power to assign counsel for such imprisoned individual 'for doing complete justice".

In Khatri & Others v. St. Of Bihar & others

(AIR 1981 SC 262)

Bhagmati J. observed;
"Right to free legal aid, just, fail and reasonable procedures is a fundamental right. It is elementary that the jeopardy to his personal liberty arises as soon as the person is arrested and is produced before a magistrate for it is at this stage that he gets the 1st opportunity to apply for bail and obtain his release as also to resist remain to police or jail custody. This is the stage at which and accused person needs competent legal advice and representation. No procedure can be said to be just, fair and reasonable which denies legal advice representation to the
accused at this stage. Thus, state is under a constitutional obligation to provide free to aid to the accused not only at the stage of...... Every individual of the society are entitled as a matter of prerogative."

In Indira Gandhi v. Raj Narain

(AIR 1977 SC 69)

"Rule Of Law is basic structure of constitution of India. Every individual is guaranteed the its give to him under the constitution. No one so condemn unheard. Equality of justice. There ought to be a violation to the fundamental right or prerogatives, or privileges, only then remedy go to Court of Law. But also at the stage when he first is produced before the magistrate. In absence of legal aid, trial is vitiated."

In State of Maharashtra v. Manubhai Pragaji Vashi

(AIR 1995, 5 SCC 730)

The court widened the scope of the right to free legal aid. The right to free legal aid is guranteed fundamental right under Art 21 and 39A provdes “equal justice” and “free legal aid”.

In Suk Das v. UT of Arunnachal Pradesh

(AIR (1986) 25 SCC 401)

Justice P.N. Bhagwati, while referring to the decision of Hossainara Khatun’s case and some other cases had made the following observations in paragraph 6 of the said judgment:-

“Now it is common knowledge that about 70% of the people living in rural areas are illiterate and even more than that percentage of the people are not aware of the rights conferred upon them by law. Even literate people do not know what are their rights and entitlements under the law. It is this absence of legal awareness which is responsible for the deception, exploitation and deprivation of rights and benefits from which the poor suffer in this land. Their legal needs always stand to become crisis oriented because their ignorance prevents them from anticipating legal troubles and approaching a lawyer for consultation and advice in time and their poverty because magnifies the impact of the legal troubles and difficulties when they come. Moreover, of their ignorance and illiteracy, they cannot become self-reliant; they cannot even help themselves. The Law ceases to be their protector because they do not know that they are entitled to the protection of the law and they can avail of the legal service programs for putting an end to their exploitation and winning their rights. The result is that poverty becomes with them a condition of total helplessness. This miserable condition in which the poor find themselves can be alleviated to some extent by creating legal awareness amongst the poor. That is why it has always been recognized as one of the principal items of the program of the legal aid movement in the country to promote legal literacy. It would be in these circumstances made a mockery of legal aid if it were to be left to a poor, ignorant and illiterate accused to ask for free legal service, legal aid would become merely a paper promise and it would fail of its purpose.”

Khatri v. State of Bihar

AIR 1981 S.C. at page 926

Justice P.N. Bhagwati while referring to the Supreme Court’s mandate in the aforesaid Hossainara Khatun’s case, made the following comments, in paragraph 4 of the said judgment:

“It is unfortunate that though this Court declared the right to legal aid as a fundamental right of an accused person by a process of judicial construction of Article 21, most of the States in the country have not taken note of this decision and provided free legal services to a person accused of an offence. The State is under a constitutional mandate to provide free legal aid to an accused person who is unable to secure legal services on account of indigence, and whatever is necessary for this purpose has to be done by the State. The State may have its financial constraints and its priorities in expenditure but the law does not permit any Government to deprive its priorities in expenditure but the law does not permit any Government to deprive its citizens of constitutional rights on the plea of poverty.”

Conclusion

The focus of Legal Aid is on distributive justice, effective implementation of welfare benefits and elimination of social and structural discrimination against the poor. It works in accordance with the Legal Services Authorities Act, 1987 which act as the guideline of the rendering of free justice.

It will be interesting to know the special problems of the rural poor and the urban poor separately and also to find how they compare with the legal problems of the non-poor living in rural and urban India. An efficient organization of a legal services delivery system may have to take account of all these differences in legal needs of the poor and design the program accordingly.

Except sketchy impressionistic references in the reports of the various legal aid committees, there has been a very little attention given to the analysis of the legal problems of the poor at the academic, official or professional level.

The discomfort of the bureaucracy arising out of the policing role of legal aid is understandable. In a Welfare State, the Government cannot be made available for litigation against itself to vindicate the legal rights of the poor. The criticism that legal aid litigation, aims at law reform thereby making the judiciary usurps the functions of the legislature is illogical and does not carry conviction in common law jurisprudence.

PARALEGAL SERVICES

Paralegals are legal assistants who spend most of their time helping to manage the massive paperwork generated by legal proceedings. Paralegals file, sort, index, photocopy, and draft legal documents. They may also hold hearings and interview witnesses.
First you should know that a paralegal cannot give you any legal advice. For that you'll need an attorney. But if you're looking to find someone to start or complete legal forms or do legal research and much more, then your most cost effective alternative would be to hire a paralegal.
A paralegals job is a combination of bookwork, secretary, accountant, data entry, transcriber, investigative reporter and writer! They gather up all the information, receipts, paperwork and so on for each case and fill out the required legal forms with the correct information.
Moreover, they are also not allowed to represent their clients in court. Filing a petition without the correct knowledge is not advisable, neither is responding to a court summon without a representative. Efforts have been made to stop the operation of these less knowledgeable paralegal, but this is yet to come to fruition.
Few types of online legal services take care of the documents that are involved in divorce. Based on the state and its divorce laws, divorce online processes can vary. Divorce laws have changed over the years by appearing more relaxed, which allow online divorce options to be greater.
A student with a Bachelor's degree as a paralegal working in a large city or for the federal government can expect to earn as much as sixty thousand dollars a year. This is over half the income that the average American makes, and is above average.
On the other hand, the idea of employing paralegals arose in the late 1960's because of the lawyers and law firms' needs to make such improvements in rendering legal services to their clients. Another reason of their emergence was the increase in public awareness on their civil rights, which resulted to sudden multiplication on their legal workloads.
The online paralegal studies can help the students in acquiring expertise that can be assisted by attorneys in virtual mode. All types of legal works provided by the virtual attorneys are linked with closings, hearings, corporate meetings as well as trials.
If you want to get a sense of entry-level paralegal job then you may also prefer to work part time as a paralegal. This way you are not pressured to do so throughout the day paralegal. However, a paralegal profession should not be a technical way.
Some choose to use these divorce paralegal services in cases of uncontested divorce, although the minute a divorce becomes contested, they may feel lost and end up hiring an attorney anyways.
The most important skill sets that a paralegal or legal assistant will employ are good reading comprehension and writing abilities. The majority of a paralegal's work involves reading and writing, and some legal documents or court briefs can contain fairly complex language and concepts.

Free Legal Services

The Free Legal Services include:

  • Payment of court fee, process fees and all other charges payable or incurred in connection with any legal proceedings;
  • Providing Advocate in legal proceedings;
  • Obtaining and supply of certified copies of orders and other documents in legal proceedings;
  • Preparation of appeal, paper book including printing and translation of documents in legal proceedings.

Eligible persons for getting free legal services include:

  • Women and children;
  • Members of SC/ST;
  • Industrial workmen;
  • Victims of mass disaster; violence, flood, drought, earthquake, industrial disaster;
  • Disabled persons;
  • Persons in custody;
  • Persons whose annual income does not exceed Rs. 50,000/-
  • Victims of Trafficking in Human beings.

Legal Literacy Programme

NALSA has formulated a strategy to provide basic and essential knowledge to the vulnerable groups so that they can understand the law and know the scope of their rights under the law and eventually assert their rights as a means to take action, uplift their social status and being in social change.

NALSA has been organizing the Legal Aid Camps through State Legal Services Authorities, Taluka Legal Services Committees, NGOs. etc. in the rural area and slum areas for educating the weaker sections as to their rights and for encouraging them to settle their disputes through ADR Mechanism. The people are educated/made aware of their rights, benefits and privileges guaranteed by social welfare legislations, administration programmes and measures etc.

The NALSA has been organizing meetings, seminars and workshops connected with legal services programmes in different parts of the country. The NALSA has developed audio visual spots and publicity material to make the common man aware of the various aspects of the legal services programmes. Documentary films have also been prepared and are being screened in the different parts of the country through Directorate of Field Publicity, Government of India.

Legal Awareness Programme

  • Continuation of Micro Legal Literacy Projects in all States.
  • Continuation of the NALSA awareness programmes and Lok Adalats relating to NERGA matters.
  • State Legal Awareness Programmes in the States on the following laws :
    • Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
    • Gram Nyayalaya Act.
    • Protection of Women From Domestic Violence Act, 2005.
    • Persons with Disabilities (Equal Protection of Rights and Full Participation) Act.
    • National Trust Act.
    • Laws relating to Marriage.
    • Labour Laws.
    • Environmental Protection Laws.
    • Consumer Protection Laws.
    • Campaign against Female Infanticide.
    • Campaign against Human Trafficking.
  • Cooperation with National Commission for Women at the Centre and associating the activities of State Legal Services Authorities with the State Women's Commissions.
  • Conduct awareness programmes and seminars with the involvement of National Women's Commission, Ministry of Social Welfare, Ministry of Child Welfare and Development and Ministry of Rural Development.

Para-legal Volunteer Scheme:

It is a scheme for building up a group of volunteers from among the rural people to act as intermediates between the common people and legal services institutions at Central, State, District and Taluka levels.

Lok Adalats

Widening the network of Lok Adalat to Government Departments, Petitions pending before Women's Commissions, various Tribunals, Labour Courts, Industrial Tribunal and Tax Tribunals etc., setting-up Special Lok Adalats in all Family Courts.

Legal Aid Clinics

  • Establishing Legal Aid Clinics in all Gram Panchayats (similar to primary health centres) by engaging competent lawyers as legal consultants in the clinics. Give wide publicity about the clinics with the help of local Self-Government Institutions.
  • Setting-up Legal Aid Clinics in all law colleges and law universities and to encourage students to adopt remote village areas as their area of operation. For this purpose, the following strategies may be adopted:
    • The students may be divided into small groups and deputed to the adopted villages.
    • In urban areas, colonies and slum areas where economically and socially backward people reside may be chosen for setting up Legal Aid Clinics.
    • Law Students should be guided by a team of senior Professors/Lecturers including part-time Lecturers. Rapport between the students and the people of the adopted area should be maintained throughout the year.
    • Law Students shall identify the problems which require Legal Aid. They shall discuss the problem with the teacher-in-charge and if it warrants further free legal services, the matter should be brought before the Legal Services Authorities/Committees concerned.
    • The students shall be encouraged to organize legal awareness classes for small groups of people (4 or 5 houses together or 10 to 12 people). It should be more in the form of informal gatherings.
    • The students should aim at preventive and strategic legal aid.
    • In appropriate cases, senior students and postgraduate students who have already enrolled as lawyers may be entrusted with the filing and conducting of the litigation in the Courts free of cost.
    • No fee shall be collected from the beneficiaries of legal aid clinic.

[The Judiciary

So far as dispensing of justice is concerned, you have to be very careful in selecting officers for the same. You must select people of excellent character and high caliber and with meritorious records. They must possess the following qualifications: Abundance of litigations and complexity of cases should not make them lose their temper.

When they realize that they have committed a mistake in judgment they should not insist on it by trying to justify it. When truth is made clear to them or when the right path opens up before them, they should not consider it below their dignity to correct the mistake made or to undo the wrong done by them. They should not be corrupt, covetous or greedy. They should not be satisfied with ordinary enquiry or scrutiny of a case, but should scrupulously go through all the pros and cons, they must examine every aspect of the problem carefully, and whenever and wherever they find doubtful and ambiguous points, they must stop, go through further details, clear the points, and only then proceed with their decisions. They must attach the greatest importance to reasoning, arguments and proofs. They should not get tired of lengthy discussions and arguments. They must exhibit patience and perseverance in scanning the details, in testing the points presented as true, in sifting facts from fiction and when truth is revealed to them they must pass their judgments without fear, favour or prejudice.

They should not develop vanity and conceit when compliments and praises are showered upon them. They should not be mislead by flattery and cajolery. But unfortunately they are few persons having such characteristics. After you have selected such men to act as your judges, make it a point to go through some of their judgments and to check their proceedings. Pay them handsomely so that their needs are fully satisfied and they are not required to beg or borrow or resort to corruption. Give them such a prestige and position in your State that none of your courtiers or officers can overlord them or bring harm to them. Let judiciary be above every kind of executive pressure or influence, above fear or favour, intrigue or corruption. Take every particular care of this aspect because before your appointment this State was under the sway of corrupt, time-serving and wealth-grasping opportunists who were lewd, greedy and vicious and who wanted nothing out of a State but a sinful consent of amassing wealth and pleasures for themselves.

“From Nehjul Balagha written by Imam Ali (as)”]


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Haider Ajaz

(I am Sharing it on an internet because I aimed in helping my friends on this topic)

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