Schedule to the Petition Before Parliament of India
“THE RIGHT TO REMEDY ACT 2005”
suggested law, if enacted, will be extra-ordinary and should be allowed to use for the rarest amongst the rare matters, where
a Citizen deprived under the impact of the Politics-Bureaucratic-Crime-Nexus particularly in the matters where remedy is not
available under existing law or State ignoring to ensure remedy against infringement of the Human, Fundamental, Statutory
or Legal rights under the impacts of the powerful or influential politicians. Suggested law will send a message amongst wrong
doers that they can suffer reverse impact, if their wrongdoing proved. At the same time no one can misuse the Powers and abuse
the authority. At the same time real sufferers can use the suggested Law.
“THE RIGHT TO REMEDY
ACT 2005” shall be applicable
in whole of India, from the date of accent given by the President, and hereinafter, shall be called or referred as “the
The definition of the “State”
shall be the same as provided by Article 12 of the Constitution of India.
The definition of the “Public
Servant” shall be same as provided by any Constitutional Provision or by law prevailing in any part of India including
Jammu & Kashmir, or any purson engaged in nay activities relates to public interests.
Right to Sue under the
(1) When in any part of India, under direct or indirect Nexus between Politician(s), and / or Member(s) from the Legislative
and / or Judicial and / or Executive(s) and / or Criminal(s), the rights of remedies or justice of any citizen, infringed
and when remedy is not possible under any prevailing Law or “State” is ignoring to ensure remedy against any infringement
of Human, Fundamental, Statutory, or Legal rights citizen is entitled to file a civil suit for appropriate remedy; ensuring
Justice, Recovery of the damages and for any other ancillary relief.
(2) Suit shall be filed before any High Court in India, irrespective of jurisdiction of such High Court or not in respect
of a cause of action.
(1) Plaint of the Suit shall contain all true facts in detail, in support of the cause of the action,
without hiding anything, and issues, and written pleadings, with photocopies of the all supportive documents, if any having
with the plaintiff, which should be attested as true copy of the original document or as the case may be.
(2) The Court shall treat pleading of any false statement of fact or attestation Under Section 340
of criminal Procedure Code, without any immunity.
Plaintiff(s) should file one original copy of the Plaint supported by the
Affidavit. Copies of the Documents annexed with the Plaint must be clear visible and readable. In case any original document,
annexed with the Plaint, is not clear visible and readable, plaintiff should file one typed copy of the document along with
the photocopy of original document.
Requisite extra copies of the Plaint shall be filed, along with the Original
The Public Servants holding any
office of the State at the material time of the cause of action in the respective matter shall be made the State Defendants,
with or without reference of the personal name, but with the office, which he holds at the material time of cause of action(s),
shall be referred in the body of the plaint.
All State Defendants from the
Central Government shall be addressed through Cabinet Secretary to the Government of India and from any State Government shall
be addressed through the Chief Secretary of respective State.
All State Defendants at the material
time hold any office of the Presiding Officer of a Court or Tribunal shall be addressed through respective Court Officer or
Service of the Summons upon
After filing of the Suit, Plaintiff
should serve a Notice with copy of the Plaint, by Registered Post upon Cabinet Secretary on behalf of all or any of the State
Defendants from the Central Government, upon Chief Secretary on behalf of all or any of the State Defendants from respective
State Government, Principal Administrative Officer of the respective Court or Tribunal as the case may be.
Notice upon the Private Defendants
should be served by Registered Post at the address referred in the body of the plaint, informing thereby that they are made
a defendant in the respective Suit.
In case Private defendant refuse
to receive the Notice through Registered Post or same returned undelivered a Public Notice shall be published in one of the
Newspaper of the Language of the Private Defendant, in the area of his last know address, informing him that he is made a
Private Defendant in the Suit.
Private Defendant shall receive
copy of the Plaint from the respective Registrar or Court Officer through appropriate procedure.
of the Suit under the Act.
Suit cannot be declared as void
on the ground of law of limitation.
(1) After adjudication of the Suit on merit, if claims
of the plaintiff proved as false or baseless, the plaintiff of the Suit shall be debarred from taking benefit of the Act in
future, besides he shall pay entire actual cost of the Suit, and shall be punished in accordance with the procedure laid down
Under Section 340 of criminal Procedure Code, without any mercy or immunity.
(2) A Suit filed under the Act shall be admitted by the
respective High Court after preliminary hearing of the matter by a Bench comprised of Three Senior Judges of High Court headed
by Chief Justice or next to Chief Justice of such High Court and shall be referred hereinafter as the “Admission Court”.
(3) The Plaintiff is entitled to contest his case with
or without help of any Advocate.
(4) The Suit shall be admitted, unless any statement
of the fact in clear terms prima-facie appears as untrue or false.
(5) The Defendants can oppose admission of suit at preliminary
stage, only on single ground that any particular statement of the fact referred in the plaint is false. He cannot take any
advantage to oppose the admissibility of the Suit and should not plead his case of Defence, at preliminary stage, on any legal
or other grounds.
(6) Suit filed under the Act can be refused to admit
by a High Court after preliminary hearing by a speaking order with reference to any false statement of the fact in the plaint.
(1) The Cabinet Secretary or Officiating Assignee Authority
on behalf of all the Public Servants from the Central Government and Chief Secretary or Officiating Assignee Authority on
behalf of all Public Servants from the State Government and Principal Administrative Officer of the respective Court / Tribunal
as the case may be shall appoint a competent person(s) to file the Defence in the Suit.
(2) The respective Competent Person(s) should go through
the records of the matter and prepare respective defence. Hiding of any fact or making false statement in the Defence shall
be treated as failure of his personal duty, and for false statement he will be liable to suffer proceedings under Section
340 of the Criminal Procedure Code, without any immunity.
(3) Each private defendant should file his Defence, with
documentary support, if any, and should be limited to the facts referred in respect of his conduct or directly relates to
him in the plaint.
(4) The simple denial of any allegation would be treated
as “no Defence”.
(5) The Plaintiff is entitled to file his “Affidavit-in-Reply”
against each Defence, strictly limited to the denial made by the defendant(s).
(6) Time limit to file Defence and reply should be fixed
by the Court of Trial. No delay try tactic should be allowed.
(7) No Office of the Government or Court can refuse to
place the related record before the appointed Competent person by the State.
9. That whenever, Trial Court is of the opinion that
observation or opinion from the Supreme Court is necessary on any point of Law, shall be referred, and shall be returned after
opinion by the Supreme Court for the further proceedings.
10. Reference of any fact based on complete truth cannot tent amounts as
Contempt of any Court.
Hearing of the Suit.
(1) After admission, Admission Court shall forward the
plaint for adjudication of the facts by a Single Bench of High Court.
(2) The Adjudicating Court, if necessary, can appoint
a penal of Advocate(s) or expert(s) to help the Court.
(3) After going by the facts referred in the Plaint and
Defence(s), and after determinations of the facts, Trial Court shall make detail recommendations and shall return the Suit
to Admission Court for final Judgment in the Suit.
Judgment under the Act.
After going through recommendations
and fact-findings made by the Adjudicating Court, Admission Court shall pronounce its Judgment.
(2) The payment of the damage if decreed, should be made
to the plaintiff from the Consolidated Fund of India.
13. Immunity against
violation of the law, during suffering from the Nexus.
Court satisfied that plaintiff of the Suit is victim of Nexus between Politician(s) and / or Members of Legislatives or Executives
or Judiciary or Criminal(s), and as a result of suffering from such Nexus, he fails to comply any law, Rules or regulations,
Court shall pass a further decree that the Plaintiff should not be punished for such non-compliance for the period when he
suffers under such nexus, and should be allowed to comply now, if possible to any of such law, rules or regulation as the
case may be.
14. Properties of person(s) involved in the Nexus to be vested
with the State
Besides, criminal prosecution for indulgence in criminal activities by the criminal means, all rights or claims over
all moveable or immoveable properties exists in the personal names or in the names of the relations of any defendant(s) including
Public Servant(s) in the Suit, proved as party to Nexus between the Politicians and /or Members of the Legislatives or Executives
or Judiciary or Criminals, and responsible for any kind of infringement of the rights to justice or remedies of the Plaintiff
or any other person, shall vest with the State, without any compensation, whether such properties acquired through such Nexus
The aggrieved party from any Order
or Judgment in the Suit under the Act can prefer Appeal, within 30 days from any Order or Judgment, before Supreme Court of
16. The Procedure, in respect of specific provision not described
herein shall be in accordance with the provision of the Civil Procedure Code, and relating to any criminal offence shall be
in accordance with the Provisions of the Criminal Procedure Code.
Cost of the Suit.
Actual cost of the Suit shall be on the Suit, and it should be made clear in the Judgment.
Son of Late Shri Deep Chand Choraria,
Native Village and P. O. Tamkore, District Jhunjhunu, Rajasthan, and
B-5/52, Sector-7, New Delhi-110085