Legal Question in Civil Rights Law in India

14.07.2013

Dear Sir / Madam,

The Sub-Divisional Executive Magistrate's ruling is in keeping with the Central Government Act - Section 144 in The Indian Penal Code, 1860 which reads :

144. Joining unlawful assembly armed with deadly weapon.-- Whoever, being armed with any deadly weapon, or with anything which, used as a weapon of offence, is likely to cause death, is a member of an unlawful assembly, and shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

You should seek the assistance and intervention of the District Tehsildar and local Police to resolve the matter and file the petition for Court order violation against the accused in English or any regional language before the Hon. Chief Justice of Kolkata High Court.

Regards,

You may not be granted any relief in a PIL which is entertained only for a public cause and not for a private cause.

Your letter may not help in getting an injunction.

You may consider engaging a lawyer to prepare your case and advise you accordingly. If you cannot afford an Advocate, you may seek help from the State Legal Services Authority or the High Court Legal Services Committee.

in a private action, the public interest is not involved so PIL is not maintainable. you can file a civil suit and seek interim orders.

thanks and regards

Adv. Rajiv