The Bombay High Court on Wednesday refused to entertain a public interest litigation (PIL) petition seeking speedy hearing and disposal of cases involving senior citizens [Captain Haresh Gaglani (Retd) vs Bombay High Court]..A bench of Acting Chief Justice Nitin Jamdar and Justice Arif Doctor noted that the petition was poorly researched and looked like an article and proper government departments were not made respondents to the case.."Petition reads like an article....This petition has State as party respondent but concerned department not made party. Prayer is too general in nature," the Court said..The petitioner then sought permission to withdraw the plea to file a proper one. This was allowed by the Court..The PIL, filed by a retired Army officer, pointed out that despite instructions from the Chief Justice of India (CJI) in 1999 as well from the Bombay High Court itself, senior citizens were not being granted priority in legal matters.This, as per the plea, was leading to grave injustice and causing distress to senior citizens. ."The most cherished values of justice: 'protection of the weakest of the weak' and 'Justice must not only be done, it must be seen to be done,' are glaringly absent in the stark, hopeless world of the senior citizen, who is facing humiliation, loot and extreme injustice on a daily basis , while all his fundamental rights are being shamelessly trembled upon," the plea stated..Hence, the plea prayed that all court cases involving senior citizens should be finalised within a maximum period of 180 days from the date of filing. Further, quasi-judicial and administrative matters involving senior citizens, should be resolved within 90 days, it was prayed. Pertinently, the plea also requested that where a legal aid advocate is required, the same be assigned by a judge of the court to spare senior citizens the torture and humiliation meted out to legal aid applicants.
The Bombay High Court on Wednesday refused to entertain a public interest litigation (PIL) petition seeking speedy hearing and disposal of cases involving senior citizens [Captain Haresh Gaglani (Retd) vs Bombay High Court]..A bench of Acting Chief Justice Nitin Jamdar and Justice Arif Doctor noted that the petition was poorly researched and looked like an article and proper government departments were not made respondents to the case.."Petition reads like an article....This petition has State as party respondent but concerned department not made party. Prayer is too general in nature," the Court said..The petitioner then sought permission to withdraw the plea to file a proper one. This was allowed by the Court..The PIL, filed by a retired Army officer, pointed out that despite instructions from the Chief Justice of India (CJI) in 1999 as well from the Bombay High Court itself, senior citizens were not being granted priority in legal matters.This, as per the plea, was leading to grave injustice and causing distress to senior citizens. ."The most cherished values of justice: 'protection of the weakest of the weak' and 'Justice must not only be done, it must be seen to be done,' are glaringly absent in the stark, hopeless world of the senior citizen, who is facing humiliation, loot and extreme injustice on a daily basis , while all his fundamental rights are being shamelessly trembled upon," the plea stated..Hence, the plea prayed that all court cases involving senior citizens should be finalised within a maximum period of 180 days from the date of filing. Further, quasi-judicial and administrative matters involving senior citizens, should be resolved within 90 days, it was prayed. Pertinently, the plea also requested that where a legal aid advocate is required, the same be assigned by a judge of the court to spare senior citizens the torture and humiliation meted out to legal aid applicants.