WRIT TO CANCEL THE REQUIREMENT OF CERTIFICATE BY SENIOR COUNSEL IN FILING CURATIVE PETITION.

 

WRIT TO CANCEL THE REQUIREMENT OF CERTIFICATE BY SENIOR COUNSEL IN FILING CURATIVE PETITION.

 

Cancel the requirement of certificate by Senior counsel in filing Curative Petition.

Human Rights Activist Mursalin Asijat Shaikh from Pusad a remote Tahsil of Yavatmal District  filed the Writ Petition in the Supreme Court.[ Writ Petition Diary No. 21906 of 2020.]

   

                     Mursalin Asijat Shaikh

                    District President 

          Human right security council

                               

Said condition is violative of the Art. 14,21 of the constitution which mandates for easy access to justice and justice for all.

Poor people will not be able to pay fees of the Senior Counsel and they will be deprived of the facility of curative petition.

 

The supreme court  in “Rupa Ashok Hurra Vs. Ashok Hurra & Anr.” reported as 2002 (4) SCC 388, created new jurisdiction of curative petition after dismissal of  Review petition. But in the said judgment one condition is laid down that curative petition should be accompanied with the certificate of Senior counsel that the grounds taken in the Curative  Petition were also taken in Review Petition.

The said condition is itself against the law laid down by the constitution Bench in Prem Chand Garg’s case. In  Prem Chand Garg Vs. Excise Commissioner, U.P. reported as AIR 1963 SC 996 it is categorically held that if a rule or an order imposes a financial liability on the petitioner at the thresh-hold of his petition and that too for the benefit of the respondent, and non-compliance with the said rule or order brings to an end the fate of the said petition, that must be held to constitute an infringement of the fundamental rights guaranteed to the citizens to move Supreme Court.

In Tamilnad Mercantile Bank Shareholders Welfare Association Vs. S.C. Sekar & Ors reported as(2009) 2 SCC 784, this Court declared that an aggrieved person cannot be left without the remedy and that access to justice is a human right and in certain situations even a fundamental right.

Constitution Bench in  Anita Kushwaha Vs. Pushap Sudan, 2016 (8) SCC 509  held that:

 

“Four main facets that, in our opinion, constitute the essence of access to justice are :

 i) The State must provide an effective adjudicatory mechanism;

ii) The mechanism so provided must be reasonably accessible in terms of distance;

iii) The process of adjudication must be speedy; and

iv) The litigant’s access to the adjudicatory process must be affordable.

 

The Petitioner prayed for deleting said condition from the rules of‘Handbook on Practice And Procedure and office procedure’ of the Supreme Court.

 

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