Bombay High Court Refuses To Entertain PIL Seeking Separate Legal Aid Panel For SEBI
The Bombay High Court recently refused to entertain a PIL seeking a separate panel of lawyers for matters in Securities and Exchange Board of India, observing that the case has been straightway filed without approaching the Maharashtra State Legal Services Authority or the responsible Authority. A division bench of acting Chief Justice S. V. Gangapurwala and Justice Sandeep V....
A division bench of acting Chief Justice S. V. Gangapurwala and Justice Sandeep V. Marne said
“The PIL cannot be entertained unless the Authorities concerned have denied to entertain the cause of the Petitioner. On record we do not find that a particular person had approached Respondent No.2 for legal aid and was denied. In absence of specific pleadings in that regard, it would not be appropriate to pass orders in the present PIL”.
SEBI earlier filed an affidavit stating that the IPEF Regulations and Guidelines in respect of legal aid for legal proceedings are in existence since 2009. Further, it stated that legal aid is provided whenever the need arises.
Disposing of the plea, the court clarified that the petitioner can agitate about the rights if in future he approaches the concerned authorities and they do not redress his grievance.
The PIL, filed by one Prashant Trivedi, sought directions against the Union of India and SEBI to appoint and maintain a panel/list of lawyers to provide legal aid. It also sought directions to SEBI to mention in each show cause notice/summon/order about the right of legal representation available to the noticees.
Petitioner represented himself while Advocate Anubha Rastogi appeared for SEBI.
Case no. – PIL/103/2022
Case Title – Prashant Trivedi v. Union of India and Ors.
Citation: 2023 LiveLaw (Bom) 36