I will support you the day you do thisā¦ no worries ā¦I donāt think such organisations will become someoneās properties because they will be created for common good and over time there will be many people who will head it ā¦ although Iām doubtful if you will be able to register it all alone ā¦you will be needing a group of people to become office bearers and members who will have responsibilities ā¦ so go ahead the day you feel you are prepared and my support will be with you ā¦ as far as stealing the name is concerned ā¦ even the name is no ones property yet till it gets registered ā¦ so it will be yours if you register it first
As far as a writ petition is concerned ā¦itās the easiest solution available ā¦even an individual can file it if a rule is hurting even one person.
This is not the correct writ ā¦ habeas corpus is filed when some person goes missing.
Correct writ in our case will be writ of prohibition and certiorari ā¦which relates to prohibiting a govt organisation to perform some action in excess when such action is hurting the affected person in some way or does not apply to him and/or quashing such order/rule.
For filing the writ by single person itās not even necessary to form any association. A writ in HC is better because HC has more powers than SC in terms of writ petition. Rest your lawyer will guide you.
I understand what habeas corpus means. It also means wrongful confinement. I guess in the world of law many things are also based on interpretation rather than just literal meanings. So my interpretation in using this writ would be that since I have given about 7 years to reach where I am today with respect to trading in the markets, I am wrongfully being confined economically and as such either SEBI rule has to be delayed so that I have enough time to find alternate employment or remove it all together as it will affect livelihood of so many people.
And yes I might have gotten corrected by the court may be. But I would have filed another based on feedback from the court. The first step is taking action than waiting for money or support. There is always problems, by taking action one might know what kind of problems be faced and then solve them one by one and keep going forward.
I canāt tell you the kind of opposition I faced when wanting to be a trader. But here I am. The only thing is, certain things have changed in my personal life and I am responsible for many things so I have to take care of them first than get involved in a court battle. Itās not just about my own security but them as well.
Yeah and that too. Thatās why I mentioned no need for association etc. Why take such long route when things can be done more easily. Also, I wouldnāt be dependent on any external factors to get my grievances redressed. And a writ has much more power than any other kind of case as it relates to fundamental rights of a person being breached. Itās like pressing an emergency button.
Yeah I know that too. But had I decided to go this route, I wold have found right number of people to join it. As I said, I wouldnāt wait for permission or acceptance. If I really want to do something, I work hard to make it a reality. It is easier that way.
But right now I am waiting for the rules and If necessary then take appropriate action.
Yes, lot of things depend on interpretation ā¦ however using habeus corpus here would be inappropriate because a provision is already present which relates exactly to the present situation you mentioned.
Your logic is correctā¦ itās about snatching peopleās livelihood which they have developed by their hard work and snatching it all of a sudden by implementing a rule is not fair.
