I wish to file a PIL. Is there any step-by-step guide to doing this? Can I do it without the help of a lawyer? Will I incur any expenses? — Mukul Kishore via email

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Lawfully yours: By Retd Justice K Chandru
Published: May 24,202107:45 AM

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Your legal questions answered by Justice K Chandru, former Judge of the Madras High Court

Chennai: Unreasonable PIL can end up as a bitter pill
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I wish to file a PIL. Is there any step-by-step guide to doing this? Can I do it without the help of a lawyer? Will I incur any expenses?

— Mukul Kishore via email

If you are not a busybody or a wayfarer and is one among the 1.3 billion people of this country, you are entitled to file a PIL in the High Court. However, the court will examine your locus standi and your track record before permitting you to file one such PIL. Without the help of a lawyer, filing a PIL will be difficult as you may not know the legal nuances and the current legal precedents. If the court is unhappy with your PIL, then it may impose a cost that may be dearer to you. Otherwise, the expenses are normal and one need to pay only a court fee of Rs 2,000 for a writ petition. Please see to it that your PIL does not end up as a bitter pill for you.

Annoyance over social media post no cause to pursue case

I post my political views openly on social media. Recently, someone whose details are anonymous online has been threatening to file a complaint against me with the police. I have read about several cases where people have been arrested for expressing political views on social media, though usually, they use religious and abusive terms which I have not done. I have deleted some posts but is there some way I can protect myself? I am a 22-year-old student and I have no source of income. My parents will not understand about social media. Please help me.

— Daniel via email

You should know by now that the Supreme Court has held that Section 66A of the Information Technology Act is unconstitutional and cannot be enforced (Shreya Singhal Vs. Union of India, 2015 (5) SCC 1). Therefore, the mere annoyance caused to somebody by your social media post is no reason for police to pursue a case against you. However, if your post has other dimensions of infracting other provisions of law including Section 153A of the IPC or promoting hatred among the communities, then an FIR can be registered and police can investigate. It may not initially result in any arrest and you can always seek anticipatory bail before the district court or High Court.
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