Jailed man canít be a petitioner in PIL: HC
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The Bombay High Court on Thursday questioned the ability of a person in jail to continue as a petitioner in a PIL. The court was hearing PILs filed by activist Nitin Deshpande and former journalist Ketan Tirodkar challenging the allotment of land to two housing societies for judges in Bandra (East).
Tiordkar, who is currently in jail, was arrested last month in connection with the 2003 Sadiq Jamal encounter case in Gujarat.
The court said a person in jail is not fit to carry on with a PIL. The court asked Advocate General D J Khambata whether a person in custody for an offence can continue as a petitioner in a PIL. Khambata said such person would cease to be a "correct petitioner" even if there is a cause for the petition.
Meanwhile, Deshpande's lawyer V P Patil sought discharge from the case citing personal reasons. The court, however, told Patil that the hearing would not take more than an hour and asked him to continue. Patil, however, told the court that Deshpande would make necessary arrangements for a lawyer.
Chief Justice Mohit Shah and Justice R V More said this was the last chance for the PILs to be heard and adjourned the case till October 9.
The PILs had challenged the government's decision to de-reserve plots to build residential societies for judges of the higher and subordinate judiciary.
"The government has extended illegal and undue favours to Nyay Sagar and Siddhant Housing Societies formed by sitting judges of the Bombay HC. The plot was reserved for dishoused (sic) persons but the revenue department illegally issued a resolution changing the reservation," Deshpande's PIL alleged.
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