The Supreme Court of India recently reaffirmed the importance of legal responsibility and due diligence in the filing of petitions, as it allowed the withdrawal of a controversial Public Interest Litigation (PIL). The PIL, which aimed to challenge the fundamental rights enshrined in Articles 20 and 22 of the Constitution, was filed by Tamil Nadu resident PK Subramanian through Lawyer Naresh Kumar.
However, the Apex Court expressed dismay over the casual appending of signatures by Advocates on Record (AoRs) without thorough examination of the petition's content. It emphasized the need for AoRs to recognize and uphold their responsibility in the legal process.
"We are not monsters. We will allow you to retract the case," stated a panel consisting of Chief Justice D Y Chandrachud, Justice JB Pardiwala, and Justice Satish Chandra Sharma.
The PIL in question sought to declare the fundamental rights guaranteed under Articles 20 and 22 as 'ultra vires', or beyond the powers, of Part III of the Constitution. Articles 20 and 22, which address protection in respect of conviction for offences and protection against arrest and detention in certain cases respectively, are integral components of the Constitution's framework for fundamental rights.
The Supreme Court's decision reflects a commitment to upholding the integrity of the legal system and ensuring that petitions filed before the court are based on sound legal principles and thorough examination. The bench highlighted the crucial role of AoRs in the legal process, emphasizing that they cannot merely serve as signing authorities but must shoulder the responsibility for the content of the petitions they file.
This sentiment was echoed in previous remarks made by the Court on October 31, 2023, where it expressed concern over the indiscriminate signing of petitions by recognized AoRs.
Furthermore, the Court's decision to appoint an amicus curiae to assist in addressing the concerns surrounding AoRs and to seek suggestions for improving the AoR system demonstrates a proactive approach towards enhancing the legal process. The involvement of prominent bar leaders, including Supreme Court Bar Association (SCBA) President Adish Aggarwala and former chief Vikas Singh, underscores the significance of the issue at hand and the collective effort required to address it effectively.
The bench expressed its desire for the amicus and the AoR association to collaborate and address the issues raised by the court.
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