Dear Sir,
u have raised very good question and if u engage a senior advocate to file PIL with sufficient data then u may get favourable orders which may be beneficial to citizens of kerala state and also to the exchequer.
Kerala Forest department cases
Till 2021, a total number of 27,252 cases are char sheeted by the Kerala Forest department in various courts. On a average only 150 cases are disposed off per year and at this rate it would take minimum 181 years to dispose off the 27,252 cases charge sheeted as on 2021. I tis reported that over ninety per cent of these Forest cases the evidence is taken and recorded by Range Officers and it is repeatedly ruled by the Kerala High Court that the competent persons to record and receive evidence are Assistance Director Wild Life Preservation or Assistant Conservator of Forest authorized by the state Government in this regard and no other officer/officers below their rank. As such ninety per cent of these cases are unlawfully charged. Under the circumstances is it possible to file a PIL before the High Court or Supreme Court to declare a invalid and void all the cases charged unlawfully by Officers no competent to so, so that enormous amount of time and money of all those involved like the Judiciary, the Government and the Public are saved. One such petty case charged by the Forest Range Officer is pending for the last seven years under trial and hence my personal interest in the matter.
Asked 2 years ago in Criminal Law
Religion: Hindu
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5 Answers
You are at liberty to file writ petition in HC seek disposal of cases in time bound manner ,to issue directions that evidence be recorded by competent persons only
Yes PIL can be filed
If you are personally aggrieved by any such decision you may approach high court with a petition seeking expeditious trial.
If you would like to file a PIL then you may have to collect the details properly and file the same before high court of Kerala.
Dear client,
Yes, it is possible to file a Public Interest Litigation (PIL) before the High Court or the Supreme Court to challenge the validity of cases that have been charged unlawfully by officers who are not competent to do so.
A PIL is a legal action initiated in the public interest, where the petition is filed by a private individual or group of individuals, acting on behalf of the general public, to challenge the legality of an action or decision taken by the government or its agencies.
In your case, it seems that there are concerns regarding the competency of the officers who have recorded evidence in the majority of the 27,252 cases that have been charge sheeted by the Kerala Forest Department. If it is indeed true that these cases have been charged unlawfully and that the evidence was recorded by officers who were not authorized to do so, then there is a valid ground for filing a PIL.
It is important to note that filing a PIL is a complex and time-consuming process and requires a thorough understanding of the legal procedures involved. Therefore, it is advisable to take the help of a competent lawyer who has experience in handling such cases.
