Dear Sir/Madam, Please refer below-mentioned URL link to capture the subject matter. https://www.kaanoon.com/89856/monetary-compensation-for-administrative-negligence In continuation... My father and few of our society members had filed a civil case against the Meat Shop owner and Vadodara municipal corporation in the year 2006, which is currently in pending status at Vadodara District Judge court. Assuming I will be considered a separate entity, I reporting this issue to Gujarat State Human Rights Commission. They closed the complaint on the grounds that the matter is sub judice. Hence, I have following queries:- 1. For enforcement of Article 32 of Indian Constitution, can I file a writ petition in high/supreme court against Vadodara municipal commissioner for permitting a meat shop to operate next to my residence and inflicting authorities on me and my family for more than a decade ? 2. Would this matter be considered sub judice and discarded by high/supreme court ? 3. According to you, what should be the most effective action plan in order to obtain justice in this matter ? Thanks.
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1. Human Rights Commission has no authority to intervene in this case as no violation of fundamental right is occasioned by virtue of a meat shop operating near your home. Your petition before the SC under Article 32 may be dismissed with heavy cost.
2. The remedy is only before the civil court through a suit for injunction.
1. File writ petition in high court only u/a 226 of the constitution of india.
2. Yes, if any litigation is pending the human rights commission doesn't interfere unless there is gross violation of human rights subsequently.
3. Pursue The civil suit and file a writ petition in high court.
Dear Querist
As per your queries my opinion as under:
1. For enforcement of Article 32 of Indian Constitution, can I file a writ petition in high/supreme court against Vadodara municipal commissioner for permitting a meat shop to operate next to my residence and inflicting authorities on me and my family for more than a decade ?
Opinion: Right to life with dignity is your fundamental right and you may file a writ petition before the Supreme Court or High Court directly, Under article 32 or 226 of constitution of India, but the only question shall be raised by the court from you that why were you come after 10 years?
2. Would this matter be considered sub judice and discarded by high/supreme court ?
Opinion: No, because you are no party in the pending proceedings then it can not be said the subjudice and the SC or High Court have power to decide the matter on merit because as you have fundamental rights provided by constitution as the owner of meat shop is also have fundamental rights provided by the constitution and after considering all the facts the court may pass an appropriate order.
3. According to you, what should be the most effective action plan in order to obtain justice in this matter ?
Opinion: For your satisfaction, you should file writ before the court by which you can feel that you get justice by the court.
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1) HC /SC wife would not intervene as matter is sub judice before trial court
2) if plaintiffs are senior citizen and suit is pending for number of years seek expedited hearing
You have remedies to aproach law enforcing authorities to get your grievances redressed. After exhausting the remedies you may approach the court of law for seeking proper remedy and relief to your problems being faced now.
If you are not a party to the pending civil dispute then you may initiate legal proceedings separately.
It is not according to us, you are the person affected hence it is you who has initiate proper legal action on the basis of advises rendered here or by your own lawyer .
Fist of all I thank each one of you for sharing your opinion. You are doing a great service to humanity. @ Ashish Davessar - Had it been so, Human Rights Commissions would not have registered the case. @ Devajyoti Barman - Human Rights Commission itself is identified as a civil court under the law and they also have the power to take a case to High/Supreme court if required. Now, my father and other society members collectively filed the civil case against 1. meat shop owner 2. Corporation Health department. While I filed the case against the corporation Commissioner through Human Rights Commission. (clarifying again) Hence, please share your best advise on following points:- 1. How under the law is this case considered sub judice when I have no preexisting case against the commissioner on the same matter ? 2. Why even the experts here are unclear whether this case can be categorized sub judice or not ? 3. Can monetary compensation be sought after the case judgment ? 4. Would you advise to file a PIL in this matter ? Thanks & Best of Regards.
1) you may not have filed case but case has been filed against the meat shop owner and VMC and is pending in court . Hence regarded as sub judice
2) you can claim compensation after the judgment
3) don't file PIL
1. Since the matter on the same subject is pending in a district court, the Human rights commission might have concluded it that way in order not to interfere or hamper in the judicial process in a different court .
2. This can very well be categorized as subjudice. under judicial consideration and therefore prohibited from public discussion elsewhere. "the cases were still subjudice"
3. The case is not yet decided or disposed, so before that no comments or opinion can be rendered.
4. The PIL also may face the same fate as that was informed in the state human rights commission.
1. Fine then go to Human Rights Commission. Registration of case does not mean the relief is to be granted. You file any case and it will be registered.
2. There is no concept of 'sub judice'. It is a term coined by general public. Be that as it may, it is your statement that a civil suit has been filed against the shop owner. Since the civil court is in seisin of the matter the HRC wont come in. You are free to file a separate civil suit against him.