Delhi HC reiterates directions regarding PILs made in Sunanda case

Published on 23 Nov 2017 by Team

The Delhi High Court, through a practice direction, has reiterated the directions passed earlier this month by the Bench of Justices S Muralidhar and IS Mehta regarding filing of writ petitions, including PILs.

The notification states,…every writ petition (which includes a PIL petition) filed in the Registry (and not obviously a letter or post card) should be supported by an affidavit which, apart from complying with the legal requirements in terms of the governing Rules of the High Court, should clearly state which part of the averments…made…is true to the Petitioner’s personal knowledge derived from records or based on some other source and what part is based on legal advice which the Petitioner believes to be true.”

Pic Courtesy- Live Law

The directions were first passed by the Bench While Dismissing the PIL filed by Dr. Subramanian Swamy Seeking a Court- Monitored SIT probe  into the death of socialite Sunanda Pushkar. The Court, during the hearing, had observed that some PILs are political interest petitions.

Further, the notification also contains directions for those who file writ petitions claiming Value Added Tax refunds, in lieu of the Court’s directions in Red Ocean Exim V. Commissioner, Trades and Taxes & Anr. “…the petitioners/assessees who file writ petitions seeking refund, should enclose a downloaded page/screenshot of the portal reflecting the history of the Petitioner’s account including notices under Section 59(2). The writ petition should mention the date on which the downloaded page/screenshot was taken and requisite certificate as per Section 65B of the Evidence Act would be enclosed.”

Source- BarandBench


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