Format of Public Interest Litigation

IN THE HON’BLE SUPREME COURT OF INDIA

(CIVIL ORIGINAL JURISDICTION)
PUBLIC INTEREST LITIGATION
WRIT PETITION (CIVIL) NO.___________ OF 2020
IN THE MATTER OF
: - Vishal Tiwari …………......Petitioner
Versus
Union of India & Anr. …………...Respondent
With IA NO …/2020
………..
RECORD OF PROCEEDINGS
FORMAT OF INDEX
 SYNOPSIS AND LIST OF DATES

The Financial Crises and Slump for service sector/lawyers, Transport

and Tourist Industry is not going to Recover and Run smoothly just
after 31st of august 2020, it will take time and till the smooth and
Regular functioning it will be in the public Interest to extend the
Moratorium and Defer the loan Instalments Till 31st December
2020. The emergence of COVID 19 pandemic in India has brought a
drastic financial difficulty along with the health disaster that is going
on in this country. Various people have lost jobs during this situation
of biological emergency and various professionals and independent
litigators have gone through real financial hardship. Due
• to the lockdown scenario in the country because of the pandemic, it
has become a real struggling issue to pay off the monthly loan
instalments as there is no constant and secured income of the legal
professionals and independent litigators due to the closure of the
physical hearing in various Courts of the country including the Supreme
Court of India. The Reserve Bank of India Notice RBI/2019-2020/186
DOR. No. BP.BC. 47/21.04.048/2019-20 dated 27th March,2020 was
brought in to grant the relief of suspension of monthly loan instalment
and the Notice RBI/2019-2020/244 DOR. No. BP.BC.
71/21.04.048/2019-2020 dated 23rd May, 2020 was again brought in to
extend the relief for another 3 months that is till 31st, August, 2020.
• However, the closure of the court as per the lockdown notification till 31st
August, 2020 without any physical hearing in various courts of the country
has brought in the problem to various legal professionals which is a
significant number to think upon. Like this there are several other sectors
who are facing serious financial crises during this period and requires more
moratorium period to overcome the crises. Some of them are Transport
sector, Travel agencies including Drivers, Tourist guides and others who are
part of tourist Industry. Therefore, if after 31st August, 2020, the instalments
are demanded by the bank, the individuals will be in a real struggle and
hardship to pay such Installment with no income in hand and that action
would directly lead to the infringement of fundamental right of livelihood
and dignity enshrined under Article 21 of the Constitution of India.
27-3-2020 : After the Announcement of lockdown COVID19 The Reserve Bank of India Notice RBI/2019-
2020/186 DOR. No. BP.BC. 47/21.04.048/2019-20 dated 27th March,2020 was brought in to grant the
Moratorium and relief of suspension of monthly loan instalments.
23-5-2020 : The Notice RBI/2019-2020/244 DOR. No. BP.BC. 71/21.04.048/2019-2020 dated 23rd May, 2020
was again brought in to extend the relief for another 3 months that is till 31st, August, 2020 .
6-8-2020 : The Reserve bank of India by its circular dated 6.8.2020 RBI/2020-21/17
DOR.No.BP.BC/4/21.04.048/2020-21 didn’t extend the moratorium but allowed only restructuring of loans of
MSME’s.

Hence this present Writ Petition Civil (PIL)

 IN THE HON’BLE SUPREME COURT OF INDIA
(CIVIL ORIGINAL JURISDICTION)
PUBLIC INTEREST LITIGATION
WRIT PETITION (CIVIL) NO.___________ OF 2020
(A Petition in the nature of Public Interest Litigation filed under Article 32 of the Constitution of India praying for a writ of
Mandamus or any other appropriate writs seeking issuance of specific Directions for the extension of the moratorium
period for at least three months from 31st August, 2020 to 31st November,2020 [ Last Moratorium Extension Circular
RBI/2019- 2020/244 DOR. No. BP.BC. 71/21.04.048/2019-2020] till the time court reopens with the direction to all the
banks to kindly adhere to the same so as to bring a relief for the public interest at large wherein a lot of legal professionals
and other sectors like Transport, Tourist Industry are helpless in this situation.)
 IN THE MATTER OF:
1. Vishal Tiwari
S/o. Mahendra Prasad Tiwari Age 36,
R/o. B-2, Indira Gandhi Nagar, Bharatpur,
Rajasthan. 321001
At present House No.1, Nangli Razapur
Near Sarai Kale Khan Nizamuddin East. 110013 ... Petitioner
VERSUS
1. Union of India, through Secretary Ministry of Finance, North Block, Central Secretariat, New Delhi
AND Ministry of Home Affairs, Through secretary North Block, Central Secretariat, New Delhi, Delhi 110001.
2. Reserve Bank of India
Through The Governor, Shahid Bhagat Singh Road, Mumbai-400 001 …… All Contesting Respondents
A WRIT PETITION CIVIL IN THE NATURE OF PUBLIC INTEREST LITIGATION IS FILED UNDER ARTICLE 32 OF THE
CONSTITUTION OF INDIA PRAYING FOR A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRITS
SEEKING ISSUANCE OF SPECIFIC DIRECTION TO EXTEND THE RELIEF BY STRETCHING UP THE MORATORIUM
PERIOD AFTER 31ST OF AUGUST 2020 FOR ATLEAST A MINIMUM OF THREE MONTHS OR ELSE SUCH NON
RELIEF WITH THE DEMAND OF SUBSEQUENT LOAN INSTALLMENTS WOULD LEAD TO THE VIOLATION OF THE
FUNDAMENTAL RIGHT OF LIVELIHOOD & DIGNITY ENSHRINED UNDER ARTICLE – 21 OF THE CONSTITUTION
OF INDIA AND SUCH RELIEF OF EXTENDED MORATORIUM IS TILL 31ST AUGUST, 2020 UNDER THE CIRCULAR
RBI/2019-2020/244 DOR. No. BP.BC. 71/21.04.048/2019-2020 .

To,
The Hon’ble Chief Justice of India
And His Companion Justices Of the Supreme Court of India.
The Writ Petition of the
Petitioner above named
MOST RESPECTFULLY SHOWETH
1. The present Writ Petition civil in the nature of Public Interest Litigation is filed under Article 32 of the Constitution of
India by the Petitioner to enforce the fundamental rights, particularly the Right to Livelihood and Right to Dignity
which is enshrined under Article 21 by increasing the Moratorium period for at least three months so as to heal the
financial situation of the legal professionals as the courts are also not functioning well due to this present pandemic
therefore there is no source of income for such professional
ARRAY OF PARTIES
2. The Petitioner is a citizen of India, who is a practicing Advocate in Supreme court of India and a regular member of
Supreme court Bar Association (SCBA). Petitioner is always vigilant about the Supreme court of India’s Judgements and
guidelines issued from time to time for the protection and safeguard of the Fundamental rights of the citizens. The
petitioner PAN card No. is AHRPT8051C and e-mail address is vishalnigha@gmail.com.
3. The Petitioner does not have any personal interest or any personal gain or private motive or any other oblique reason in
filing this Writ Petition in Public Interest. The Petitioner has not been involved in any other civil or criminal or revenue
litigation, which could have legal nexus with the issues involved in the present Petition. No similar petition has been filed
before this court and any High court.
4. The Respondent No. 1 is the Union of India, represented by Ministry of Finance, which is the appropriate ministry dealing
with safeguarding the financial policies of our country.
5. The Respondent No.2, the Reserve bank of India, Represented by its Governor, which is appropriate authority for the
extension of moratorium period and granting financial relief during COVID19.
FACTS OF THE CASE
6. The emergence of COVID 19 pandemic in India has brought a drastic financial difficulty along with the health disaster that is
going on in this country. Various people have lost jobs during this situation of biological emergency and various professionals
and independent litigators have gone through real financial hardship. Due to the lockdown scenario in the country because of
the pandemic, it has become a real struggling issue to pay off the monthly loan instalments as there is no constant and secured
income of the legal professionals and independent litigators due to the closure of the physical hearing in various Courts of the
country including the Supreme Court of India. The Reserve Bank of India Notice RBI/2019-2020/186 DOR. No. BP.BC.
47/21.04.048/2019-20 dated 27th March,2020 was brought in to grant the relief of suspension of monthly loan instalment and
the Notice RBI/2019-2020/244 DOR. No. BP.BC. 71/21.04.048/2019-2020 dated 23rd May, 2020 was again brought in to extend
the relief for another 3 months that is till 31st, August, 2020. However, the closure of the court as per the lockdown
notification till 31st August, 2020 without any physical hearing in various courts of the country has brought in the problem to
various legal professionals which is a significant number to think upon. Therefore, if after 31st August, 2020, the instalments
are demanded by the bank, the individuals will be in a real struggle and hardship to pay such installment with no income in
hand and that action would directly lead to the infringement of fundamental right of livelihood and dignity enshrined under
Article 21 of the Constitution of India.
7. The petitioner like other professionals is also a practicing lawyer in Supreme court of India, he is also among the legal
fraternity who is passing through the present economic crises. The earning of petitioner/lawyers solely depends upon the
practise. In Delhi till 31st August 2020 All courts including Supreme court of India will not functioning physically, neither
there is Access to the public/clients to the premises as it was in Normal days. The most of young lawyers depend upon the
fresh cases for the earning and to carry out their monthly expenses. In the present time when the functioning of the
courts are restricted to the limited working and that is also through online mode only, which is very hard for the
professionals/Lawyers it is very difficult to earn the money for the monthly expenses. Hen the days were normal than we
earned sufficient to run and mange our expenses and the petitioner also paid Income Tax. But as the time has changed and
entire world is facing economic crises due to lockdown in pandemic than the hardship of the professionals/lawyers shall be
understood.
8. Like this there are several other sectors who are facing serious financial crises during this period and requires more
moratorium period to overcome the crises. some of them are Transport sector, Travel agencies including Drivers, Tourist
guides and others who are part of tourist Industry.
9. The maximum Number of population is self employed, professionals/service sector or running small business whose
work and earning has suffered a lot in the present COVID19 period and during lockdown
10. The lending institutions adopted illegal and violent methods for the recovery. Several incidents have been reported through out the country. Recently
a very terrible incident took place in Agra. Employees of a finance company allegedly seized control of a bus with passengers sitting inside in Uttar
Pradesh’s Agra on Wednesday over non-payment of loan taken by the owner of the vehicle. The incident reportedly took place in the Malpura police
station in Agra UP on Wednesday morning when the bus was enroute to Gwalior in Madhya Pradesh from Gurgaon in Haryana, according to the police.
GROUNDS
A. Because by the circular dated 6.8.2020 Reserve Bank of India has only allowed the Restructure of the Term loans of Micro, medium and Small
Enterprises (MSME’s) with some limitations. Moratorium has not been extended as per to this circular. Restructuring is not going to help the service
sector (Professionals/lawyers) nor to the Tourism Industry, Drivers ,Tourist Guide and others who are self-employed and passing through the hard times
due to the slump in their work and profession.
B. Because the earning of service sector (Professionals/lawyers) solely depends upon the practice. In Delhi till 31st August 2020 All courts including
Supreme court of India will not functioning physically, neither there is Access to the public/clients to the premises as it was in Normal days. The most of
young lawyers depend upon the fresh cases for the earning and to carryout there monthly expenses. In the present time when the functioning of the
courts are restricted to the limited working and that is also through online mode only, which is very hard for the professionals/Lawyers it is very difficult
to earn the money for the monthly expenses. Hen the days were normal than we earned sufficient to run and mange our expenses and the petitioner
also paid Income Tax. But as the time has changed and entire world is facing economic crises due to lockdown in pandemic than the hardship of the
professionals/lawyers shall be understood.
C. Because Lockdown has brought great disparity within various sections of the society across the country, so much so amongst the legal professionals
who have been deprived of their day to day professional work. In the legal arena of our country, things are set to take a paradigm shift. We all are aware
that some of the legal professionals in India are well established and their image in the public is that of who move around in Audis and BMWs, who have
become rich on charging hefty counsel fees. However this section of rich lawyers is a small fraction and majority of lawyers, especially in the lower
courts, who function on a case-to-case basis and when the courts do not function, their economic condition, becomes precarious. The noble profession
of advocacy is balanced only due to the service being provided by this majority section.
D. Because there are several other sectors who are facing serious financial crises during this period and requires more
moratorium period to overcome the crises. Some of them are Transport sector, Travel agencies including Drivers, Tourist
guides and others who are part of tourist Industry. The worst situation in the country is being seen in the automobiles and
aviation sector. At the same time, the hospitality and service sectors are also running in a very bad condition. All the
sectors work has come to a standstill, due to which either the employees are being fired or sent on paid leave. Even the
salary is being reduced from 40 to 60 percent.
E. Because lending institutions create nuisance when EMI”s are missed or not paid even for one month. For recovery of the
EMI the lending institutions/Banks they adopt illegal and violent methods, which are against law and order. They snatch
the vehicles from the borrowers. Sometimes these things turn violent and physical injuries are caused to the
people/borrowers. When still several sectors are facing slump and even after 31st August they will not be able to pay the
debts than such incidents will occur which will create more disturbances in the Nation. Petitioner also receives threatening
calls During this period.
F. Because no relief or any financial Aid in the shape of loan has been given by the Government to the Lawyers/Service
sector, So that they could recover from this financial crises. Honorable Supreme court of India took Suo Moto Cognizance
of the issue in Suo Moto Writ petition civil No.8/2020 and issued Notices to the Central Government. The issue for granting
Interest free loan of ₹300000 (Three lacs) and other financial Aids were also included in the matter. But till now no
response or no any Scheme has been launched by the Government for relief to the lawyers.
11. That the Petitioner has not filed any other Petition before this Hon’ble Court or before any other Court seeking the
same relief.
PRAYER
In the said premises it is most respectfully prayed that this Hon’ble Court may graciously be pleased to:
i. Issue writ of mandamus/directions to the Respondents to Extend the Moratorium period till 31st December 2020 [ Last
Moratorium Extension Circular RBI/2019-2020/244 DOR. No. BP.BC. 71/21.04.048/2019-2020 dated 23.5.2020] till the time
court reopens with the direction to all the banks to kindly adhere to the same for the Lawyers/Service Sector, Transport
and Tourist Industry including Drivers, tourist guides and other covered under these sector and Defer the EMI payment on
Term loans;
ii. Direct the respondents to ensure that the lending Institutions Shall not use any kind of illegal, Violent, threatening and
harassing methods against borrowers for the recovery loan Installments; And further Direct that in case such Acts are
committed by the lending Institutions than Strict Action shall be taken against them in Accordance with law.
 Pass such other appropriate relief which this Hon’ble Court may deemed fit in the facts and
circumstances of the case.
FOR THIS ACT OF KINDNESS THE PETITIONER/APPLICANT HEREIN AS IN DUTY BOUND SHALL EVER PRAY.
DRAWN ON- 20.08.2020
FILED ON – 21-08-2020
DRAWN BY
FILED BY
Vishal Tiwari (Advocate Supreme court of India) S/o. Mahendra Prasad Tiwari Age 37, R/o. B-2, Indira Gandhi Nagar,
Bharatpur, Rajasthan. 321001 At present House No.1,Nangli Razapur Near Sarai Kale Khan Nizamuddin East. 110013
Mobile 9887681097,
e-mailvishalnigha@gmail.com
PETITIONER IN PERSON
 IN THE HON’BLE SUPREME COURT OF INDIA
(CIVIL ORIGINAL JURISDICTION)
PUBLIC INTEREST LITIGATION
WRIT PETITION (CIVIL) NO.___________ OF 2020
AFFIDAVIT IN THE MATTER OF
Vishal Tiwari ... Petitioner
Versus
Union of India and ors. ... Respondent
A F F I D A V IT
I, Vishal Tiwari (Advocate Supreme court of India) S/o. Mahendra Prasad Tiwari Age 37, R/o. B-2, Indira
Gandhi Nagar, Bharatpur, Rajasthan. 321001 At present House No.1,Nangli Razapur Near Sarai Kale Khan
Nizamuddin East. 110013, at present New Delhi.
1. That I am the petitioner in person of the above Petition (PIL), I am well acquainted with the facts and
circumstances of the case, and as such, I am competent to swear this affidavit.
2. The Petitioner does not have any personal interest or any personal gain or private motive or any other
oblique reason in filing this Writ Petition in Public Interest. The Petitioner has not been involved in any
other civil or criminal or revenue litigation, which could have legal nexus with the issues involved in the
present Petition. No similar petition has been filed before this court and any High court.
DEPONENT
VERIFICATION:
Verified at New Delhi on this 21st day of AUGUST, 2020, that the facts stated herein are true to the best of
my knowledge and belief, no part of it is false and nothing material has been concealed therefrom.
DEPONENT