FRIVOLOUS LITIGATION BY GOVT and PSUs

Date: 13-05-2015                             SUGGESTION-Addendum                       By email

To,

Hon’ble Minister for Law & Justice

Ministry of Law and Justice, Govt of India

A-Wing, Shastri Bhawan, New Delhi-110 001

secy-jus@gov.in, anilgulati@hotmail.com

Hon’ble Sir,

Subject: FRIVOLOUS LITIGATION BY GOVT and PSUs –Need of National Litigation Policy

Kindly refer to my suggestion dated 08-08-2014 [copy enclosed]. I am sure Ministry must be cogitating on my suggestion, in view of BJP Govt’s stated policy of citizen centricity and good governance.

I am attaching copy of judgement dated 07-05-2015 of Hon’ble NCDRC in revision petitions No. 285 to 289 of 2011, which echo plight by common citizens when dealing with govt and its undertakings, which can afford to fight out at public cost against poor public without accountability to public or anyone under the sun in a democratic country wasting public money which can be otherwise used for development.  Corruption as cut in advocate fees can also not be ruled out.

I am sure that Insurance Company will definitely challenge this decision in Hon’ble Supreme Court naturally at public cost and risk. There is therefore urgent need of putting in place National Litigation Policy and honestly implementing it, otherwise beneficiaries of PMJJBY AND PMSBY will meet the same fate, as did appellants in enclosed judgement.

Yours faithfully,

J P Shah

Encls: a/a

Copies to:

1. Dept of Financial Services, MoF, New Delhi Email: jsins-dfs@nic.in

2. IRDAI, Hyderabad Email: consumerfeedback@irda.gov.in

LEGAL AID

Date: 10-05-2015                                                                               By email

To,

Hon’ble Minister for Law & Justice

Ministry of Law and Justice, Govt of India

A-Wing, Shastri Bhawan, New Delhi-110 001

secy-jus@gov.in

Hon’ble Sir,

Subject:  Legal Aid Scheme

I thank BJP Govt for taking series of steps to make life of common Indians easy when dealing with Govt. I have been witness to real good governance in Gujarat in last one decade. I submit my humble suggestions for your kind consideration:

1] Mostly junior advocates or those advocates who do not get clients are allotted under legal aid scheme. This affects end result of the case and mostly litigants stand to lose. I suggest that at par with Corporate Social Responsibility of public limited companies, all advocates on roll should be compulsorily required to personally handle at least five cases per financial year, two of which should be cases involving larger public interest.

2] Depending upon gravity of case, legal aid committee should suggest at least five advocates to the applicant, with brief bio-data of advocates, so that he can choose proper advocate. Stock exchanges under arbitration scheme give such options to the investors who have disputes with financial intermediaries etc.

3] Legal aid authority should put on its website, district and High/Supreme Court-wise data regarding cases aided by it and number of cases where aided litigant succeeded in cases with percentage of successful cases.

4] Legal aid scheme should be extended to Consumer Forums/State Commissions and NCDRC.

5] Advocates who perform well should be publicly appreciated including some monetary benefit.

I am sure your Ministry will cogitate on my suggestions which are conveyed as part of public participation in governance.

Thanking you,