1) it is for CJ to be satisfied about urgency in your case and fix date for hearing of your case
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Diary no. under process PIL inquiry urgent hearing
Hello, I have send and email to the supreme court and it has been allocated as PIL providing diary no. 44778/SCI/PIL(E)/2019. I requested for urgent hearing giving the reason. The status shows under process. please let me know what does it mean and I need chamber advice/assistance regarding exorbitant fees charged by Bar Council of India for foreign degree holders 2000 American Dollars. PIL is against Bar Council of India. There is no option to upload PDF otherwise I could upload the application sent to The Hon'ble Chief Justice of India.
Asked 6 years ago in Constitutional Law
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22 Answers
SC receive enormous emails,letters,complaints every day. You are fortunate that your emails got notice and converted into PIL. Now keep check on website, registry will list it acc. to roster or hire lawyer who can process it in SC.
The pil has been registered and will come at tge appropriate time. The letter can be sent via speed post addressed to the chief justice of India.
Regards
If your application is accepted by court as PIL you will be informed accordingly by the registrar of the court.
Under process mean your application is received and put into the process of the court.
Initial processing like recording in register, sending to judges for consideration and like so.
You can seek the information contacting the registrar for the same by post
- As per latest Circular issued by the Registrar Judicial of the Supreme Court of India, all fresh cases filed will be listed before an appropriate bench for hearing in the Supreme Court within four days.
- Since, your email converted into PIL, and further already allotted Diary number by the Registry , it means your PIL is waiting for listing before the Honble Court.
- If, you think that your matter should be treated as urgent , then you should sent/mail , an application for urgent hearing with the reference of Diary number alloted to you, to the Registrar of the Supreme Court of India.
1. There are hundred of complaint/ petitions sent to SC in te nature of PIL and the Registry after sctrutinising determine which one to be registered as PIL and to be placed before the Bench for further consideration.
2. Seeing the volumes of it , the Registrar takes lot of time to sift the seed for chaff.
3. You can though RTI application to know status of your application or meet in person .
The status that is under process means that it is under consideration for urgent hearing and CJI will decide urgent hearing plea.
Can I move with stay petition till the time time my PIL is under process? stay petition as most of the student are not able to appear for exams due exorbitant fees charged by BCI, till the court decide on fees structure to postpone exams and extend application date. As this exams come approx every 9-12 months, the students who can not appear for exams due to exorbitant fees will have a chance. what cases, rights of constitution I can refer to? can I file stay petition on my own? will my stay petition stand?
Asked 6 years ago
Yes you can move the same and seek for production and urgent relief of stay.
You can file application for stay of the fees charged by BCI
2) court can grant you interim stay pending hearing and final disposal of PIL
This is a petition where you have challenged tge exorbitant fee charged by the bci. You have to prove that the fee is exorbitant and most of the students cannot pay the same. The stay application must be along with the petition.
Stay won`t grant but you may grant interim relief, if appeal admitted, excess fee shall be refund or adjust with next session. Since, BCI is involve in the matter, i have a feeling that court will only direct BCI to examine the issue afresh.
No need to file stay application, appear IN COURT AND request interim relief.
Yes you can make application for temporary injunction till decision of petition
How to file temporary injunction/interim stay at Supreme court in person? can I write a simple letter along with copy of PIL and urgent hearing letter addressed to the registrar for injunction/interim stay? kindly guide in how to do it. Thanks!
Asked 6 years ago
If you have filed a PIl you need to file the same in person. Otherwise letter will suffice. But it will only be granted after a personal hearing to you
If the status shows under process then the patter would under scrutiny with the registrar of supreme court to admit the PIL or not after discreet enquiry with the concerned officials of the BCI or any other authority, hence you may have to wait.
You could have filed the stay petition in the same PIL about this, there is no need to file a separate stay petition especially when the matter is of urgent nature, even now you can add this stay petition to the existing PIL, you may consult a supreme court lawyer on this and proceed.
Since the PIL petition is pending scrutiny, you may add this stay petition to that PIL and request for interim injunction on the same lines till the disposal of the PIL
No you need to make application in proper manner as per rules of supreme court through your advocate.
It is better you engage a lawyer for drafting application for stay pending hearing and final disposal of PIL
To obtain injunction, one has to file an application for injunction with court along with written statement. Then the court decides whether to grant injunction.
Appear in person and request for interim relief or through lawyer.
The letter must contain the urgency and a prayer should be made to stay or grant interim relief.