TITLE : Forum for fast Justice V University of Mumbai
CORAM : Hon’ble Chief Justice Devendra Kumar Upadhyaya
DATE : 15th January 2024
CITATION : PIL No.49 of 2024
A PIL was filed to direct the university and BCI to verify whether all law colleges under the jurisdiction of Mumbai University has functioning legal aid cells and to grant funds to run legal aid cells. The maintainability of the petition was challenged in the current case. It was argued by the petitioners that the PIL is not vague and invoked Article 39-A of the constitution.
Article 39-A of the Constitution of India provides for “equal justice” and “free legal aid” and it was for the State to secure that the operation of the legal system promotes justice.
Whether the PIL is maintainable
The court observed that the petitioners did not present any material on record which proves that the state is not fulfilling its objective on legal aid. There is no legal basis to the petitioner’s claim. The petitioner has also not proved maintainability in the court.
The court took reference to another PIL which was considered to be baseless. It stated that poorly drafted and haphazardly presented petitions will not be entertained by the court. It firmly held that :
“the judicial system operates with limited time and resources, and frivolous or poorly presented PILs burden the Court and hinder the resolution of other genuine and urgent cases”
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Written by- Sanjana Ravichandran