PIL for BSF jawan
Can the video posted by CRPF jawan Tej Bahadur Yadav, be used to file a PIL to increase the food supply for the soldiers or we require more evidence to file it ?
No. The issue dose not fall within the meaning of "public interest" or dose not cause any prejudice to the public at a large, hence, is not maintainable. Moreover, the video dose not confirm the irregularities as alleged by the jawan. This is an internal affair of Indian army and they are competent enough by virtue of law to deal with the same in accordance with applicable laws for the time being in force. They should follow the principles of natural justice affording an opportunity of hearing to that Jawan and may paas reasonable order/orders, if the Jawan raises same issue before concerned authorities. If the concerned Jawan do not find himself satisfied from the orders paases by the concerned authorities, he may approach to higher authorities by filing an appeal against that order or may opt for channel as provided in law. And at any stage, if he thinks that natural justice has not been followed then he may approach to the concerned High Court under article 226 of the constitution of India by filing a petition for issuance of a suitable Writ by the Hon'ble High Court. Thank you.
Ad. Prateek Samadhiya (H.C. Allahabad)
An electronic video recording may be allowed to be presented before the court in any judicial proceeding as evidence. Section 3 of the Indian Evidence Act, 1872 provides, the following interpretation of the term ‘evidence’, ‘…all documents including electronic records produced for the inspection of the Court’.
Further, Section 65 B also provides for the Admissibility of electronic records. It provides for the manner in which the sound recording is to be presented. The evidence must be accompanied with a certificate. This certificate must contain the identification of the recording and the manner in which it was obtained, or particulars of the device involved in the production of that electronic record. This certificate must also be signed by the person responsible for the electronic recording.
In case of a Public Interest Litigation (PIL), since the aggrieved party himself does not file the petition, any person may move to the court provided that he is acting on behalf of the aggrieved party and not for any personal gain or profit. To institute a PIL, a simple letter addressing the grievance serves as a valid writ. Thus using the video as evidence shall play an important role in later stages of the matter. A PIL may be filed in the Supreme Court under Article 32 of the Constitution, the High Court under Article 226 of the Constitution and in the Court of the Magistrate under Section 133 of the Criminal Procedure Code.
It is incorrect to say that a PIL can be filed under section 133 of cr.p.c. because it is the prerogative of the apex court or the high courts only, to entertain a PIL. S 133 Cr.P.C. is a procedural law and the powers have been conferred upon DM or SDM who are know to executive Magistrates. The discretionary powars of DM or SDM are not that much enough as that of the SC or HC. Further, the PIL can only be entertained when there is any cause which affects the interests of the public at a large. As fas as the evidence act is concerned, it is not the subject matter of the Supreme Court under article 32 or High Court Under article 226.
In the matter of that Jawan, PIL is not maintainable as it dose not hamper the rights of public at a large. The concerned Jawan may raise his grievance before his department by way of filing a representation.
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