Ranchi: By filing a petition in the High Court, five sections of the Jharkhand High Court Public Interest Litigation Rules 2010 have been challenged. In this regard, a petition has been filed on behalf of applicant Mantu Soni. He has appointed advocate Abhishek Krishna Gupta as his lawyer.
In the petition, five sections of the Jharkhand Public Interest Litigation Rules 2010 have been declared unconstitutional. He has said in the petition that the provisions related to the Public Interest Litigation Rules of the High Court are vague, due to which the constitutional values are affected to influence the petition to the concerned parties.
In the petition, the Secretary of the Department of Law of the Jharkhand Government and the Registrar General of the Jharkhand High Court have been made defendants. In the petition, apart from the ambiguity and interpretation of the word credentials mentioned in sections four, five, seven and nine of the Public Interest Litigation Rules 2010, there is clarity in the rules made for Public Interest Litigation by the Supreme Court in 2013.
The sections of the Public Interest Litigation Rules of the High Court have been challenged on these points. In the petition the Supreme Court has made it clear in the provisions related to PIL that on which points the applicant of PIL has to give clear information.
But there is ambiguity in the sections of the Public Interest Litigation Rules of Jharkhand High Court. Due to which a situation of confusion arises among the applicants and the constitutional fundamental rights are also affected.
Section 5 of the Public Interest Litigation Rules 2010 of the Jharkhand High Court does not make it mandatory to clearly give details of civil or criminal cases against the petitioner, whereas the Public Interest Rules of the Supreme Court make it clear that the petitioner is facing any civil, criminal or revenue case. Details relating to the litigation, which have or may further bear legal connection with the issues involved in the PIL. It has been clearly made mandatory to give its details.