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
I.A. NO…………...OF 2020
An Application for permission to Appear and Argue In Person
With
I.A. NO…………...OF 2020
An Application for exemption from filing duly Affirmed Affidavit

PAPER BOOK
(FOR KINDLY SEE INSIDE)

PETITIONER IN PERSON – VISHAL TIWARI (ADVOCATE)

 RECORD OF PROCEEDINGS
SL.NO Date of Record of Proceedings Pages
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.

19.
20.
21.
22.
 FORMAT OF INDEX

Sl Particulars of Document Page No. of part to Remar

No which it belongs ks
Part-I Part II
(Contents (Conten
of Paper ts of file
Book) alone)
(i) (ii) (iii) (iv) (v)

1. Office Report on Limitation, A A

2. Listing Proforma A1-A2 A1-A2

3. Cover Page of Paper Book. A-3

4. Index of Record of A-4

Proceedings
5. Limitation Report prepared by N.A
the Registry.

6. Defect List. A-6

7. Note Sheet
8. Synopsis & List of Dates. B–D

9. Writ Petition with Affidavit. 1-18

10. APPENDIX 19
Article 32 Constitution of
India.
11. I.A. NO.___________/2020 20-22

An application for permission

to appear and Argue In-
person
12. I.A. NO.___________/2020
23-25
An application for exemption
from filing duly Affirmed
Affidavit.

13. F/M. 26
14. V/M 27

Proof of Identity. 28
22.
 A-1

PROFORMA FOR FIRST LISTING

The case pertains to ( Please tic k/Check the correct box):

* Central Act : (Title ) Article -32 of the

Constitution of India.

* Section : N.A

* Central Rule : (Title ) N.A

* Rule No(s). N.A.

* State Act: (Title) N.A.

* Section. N.A.

* State Rule : (Title ) N.A.

* Rule No(s) N.A.

* Impugned Interim Order : (Dated) N.A.

* Impugned Final
Order/Decree :

* High Court : (Name) High N.A.

Court

* Names of Judges : N.A.

* Tribunal/Authority : ( Name ) N.A.

1. Nature of Matter CIVIL.

2(a). Petitioner/Appellant No.1. Vishal Tiwari

(b) E-mail ID : vishalnigha@gmail.com

( c) Mobile Phone Number : 9887681097

3 (a) Respondent No.1 : Union of India and ors.

(b) E-mail ID : N.A.

( c) Mobile Phone Number : N.A.

4 (a) Category classification : Civil matters

(b) Sub classification : 0812-letter petition & pil

matters : others
6. a. Similar disposed off matter No similar matter disposed
with citation, if any & case off
details:
b. Similar pending matter with
case details: No similar matter is
pending.

7. Criminal Matters :

(a) Whether accused/convict has N.A.

surrendered

(b) FIR No. N.A.

(c ) Police Station : N.A.

(d ) Sentence Awarded : N.A.

(e) Sentence Undergone : N.A.

8. Land Acquisition Matters : N.A.

(a) Date of Section 4 notification : N.A.

(b) Date of Section 6 Notification N.A.

(c ) Date of Section 17 notification : N.A.

9. Tax Matters : State the tax effect N.A.

:

10. Special Category ( first N.A.

petitioner/appellant only ) :

* Senior citizen 65 years DC/ST * N.A.

Woman/child * Disabled * Legal
Aid case * In custody.

11. Vehicle Number (in case of Motor N.A.

Accident Claim matters):

Vishal Tiwari

P.I.P, Advocate Supreme Court of India

Mobile- 9887681097, vishalnigha@gmail.com
 B

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 31 st 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
 C.

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.
 D.

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

Extended the moratorium but allowed only restructuring of loans of

MSME’s.

Hence this present Writ Petition Civil (PIL)

 1.
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.
 2.
Delhi – 110001.
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.
 3.

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
professionals.

ARRAY OF PARTIES

2. The Petitioner is a citizen of India, who is a practising Advocate in

Supreme court of India and a regular member of Supreme court Bar

 4.

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 persona 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.

 5.

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
 6.

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. That the petitioner himself is the borrower from the few banks. A

vehicle/car loan is running on the petitioner from the Axis bank limited. The

loan under Pradhan mantri mudra yojna (PMMY) also exist, the lender is

Punjab National Bank (PNB) MSME Branch Barahkhamba Road, New

Delhi. Petitioner has also credit cards issue by PNB and canara Bank And

few other personal loan is also running from the India bulls finance limited.

The petitioner has to pay Approximately ₹20,000 as in Total EMI’s to the

various Financial Institutions. Till now Petitioner EMI’s are deferred as to

the Moratorium Given.

7. The petitioner like other professionals is also a practising 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
 7.

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 pandamic 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.
 8.

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.

As per initial reports, some men stopped the private bus after it crossed

Raigad toll near New Southern Bypass in Agra. The recovery agents of the

finance company allegedly seized control of the vehicle as 34 people sat

inside. People who got off the bus informed the police that representatives

of the finance company had boarded the vehicle. Preliminary information

reveals the bus has been taken away by the people from a finance company

which had financed this bus. A case has been registered and police teams

formed to search for it. Such activities are against the law and order and

cannot be permitted for the safety of the public. Sometimes lending

institutions instead of adopting proper recourse under law for the Recovery

of loan amount create nuisance.

 9.

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 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

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
 10.

world is facing economic crises due to lockdown in pandamic 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 the entire legal profession has come to halt, Lawyers have been

deprived of their work due to imposition of nationwide lockdown. On

imposition of the lockdown with an insistence on social distancing, the

 11

Judiciary, from the Supreme Court of India to the lowest court in the

pyramid, has decided that they would only attend to extremely urgent

matters through video conferencing. What counts as an urgent matter has

been left to the discretion of the court officials, for example, a lawyer has to

file a petition online with the court officials who will look into the urgency

of a matter and will decide if it should be listed before the Court or not. In

this manner only limited numbers of cases are being listed in the Courts,

which are approximately less than normal listing of the cases. Due to the

imposition of complete lockdown and curfew etc. and on account of

restricted movements, our clients are also not able to reach in order to meet

or take assistance of their lawyers. Thus in present scenario it can be said

that the legal profession in the country has been halted. The struggling

lawyers were not fully prepared for this rough patch situation due to the

Corona virus pandemic. In the lawyers’ circles, we often state that the vast

majority of lawyers are almost daily wage workers particularly the junior

lawyers. These young lawyers have to face such economic distress even

when the courts go on for two months vacations. In many lawyer

households, the preparation for such vacations starts at least a month earlier,

when expenses are cut to brace for the impact of holidays. A person who has
 12.

to especially carryout professional activity won’t be able to earn anything

for his livelihood unless he works.

E. 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. The road transport sector in

India is highly distressed, reeling in deep financial crisis due to fallout of

corona-induced lockdowns and there is little hope of its revival in the

current Financial Year. The critical condition of the road transport sector

is impacting more than 20 crore people, directly and indirectly,” AIMTC

said in a letter to the RBI Governor. Urging it to extend the moratorium

on payment of loans, it said after the extension of current moratorium

period till August 31, 2020, majority of transporters are merely making

break-even, and that is only because their EMIs are under moratorium.
 13.

F. 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 nd 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.

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.

As per initial reports, some men stopped the private bus after it crossed

Raigad Toll near New Southern Bypass in Agra. The recovery agents of the

finance company allegedly seized control of the vehicle as 34 people sat

inside. People who got off the bus informed the police that representatives
 14.

of the finance company had boarded the vehicle. Preliminary information

reveals the bus has been taken away by the people from a finance company

which had financed this bus.

G. 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 ttok 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.

H. Because the lawyers and other sector due to slump in their work which

has caused shortage of funds and obstruction in cash flow, will not be able

to repay their Debts/EMI”s Suddenly after 31st of August which is the end

of moratorium period. More time is needed to for their work to come on

track. Till then Moratorium relief is required in the public Interest.

 15

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, threatning 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.

 16

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-mail-

vishalnigha@gmail.com

PETITIONER IN PERSON
 17.

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.

 18.

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
 19

APPENDIX

Article 32 in The Constitution Of India 1949

32. Remedies for enforcement of rights conferred by this Part

(1) The right to move the Supreme Court by appropriate proceedings for
the enforcement of the rights conferred by this Part is guaranteed

(2) The Supreme Court shall have power to issue directions or orders or
writs, including writs in the nature of habeas corpus, mandamus, prohibition,
quo warranto and certiorari, whichever may be appropriate, for the
enforcement of any of the rights conferred by this Part

(3) Without prejudice to the powers conferred on the Supreme Court by

clause ( 1 ) and ( 2 ), Parliament may by law empower any other court to
exercise within the local limits of its jurisdiction all or any of the powers
exercisable by the Supreme Court under clause ( 2 )

(4) The right guaranteed by this article shall not be suspended except as
otherwise provided for by this Constitution
 20.

IN THE HON’BLE SUPREME COURT OF INDIA

(CIVIL ORIGINAL JURISDICTION)
PUBLIC INTEREST LITIGATION
I.A NO__________2020
IN
WRIT PETITION (CIVIL) NO.___________ OF 2020

IN THE MATTER OF :

Vishal Tiwari ... Petitioner

Versus

Union of India and ors. ... Respondent

AN APPLICATION FOR PERMISSION TO APPEAR AND

ARGUE IN PERSON
To,
The Hon’ble Chief Justice and his
Companion judges of the Hon’ble
Supreme Court of India
The humble petition of
The above named petitioner
MOST RESPECTFULLY SHOWETH:
1. That the above-mentioned writ Petition criminal (PIL) is being filed

by the petitioner under Article 32 of the Constitution of India

praying for the order by this Hon’ble Court for issuing the writ of

mandamus for seeking issuance of specific Directions for the

 21

Extension of the moratorium period for at least three months from

31st August, 2020 to 31st December, 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 also other sectors like transport, Tourist Industry

are helpless in this situation.

2. The petitioner for the sake of brevity has avoided to repeat the

averments made in the accompanying contempt petition as the

petitioner has comprehensively and substantially substantiated the

material facts and relied upon the averments made herein and the

averments made therein may kindly be read as part and parcel of this

application.

3. That the petitioner to appear and argue in person in the above

mentioned case as he himself is an Advocate, practicing in the

Supreme Court of India, he is the member of Supreme Court of

India, he is the member of Supreme Court Bar Association and he is

well conversant with the facts and circumstances of the case. The
 22.

petitioner wants to appear and argue IN-PERSON and he does not

want any Advocate.

PRAYER
In the above circumstances it is therefore most respectfully prayed
that this Hon’ble Court may pleased to :

(a) to the petitioner to appear and argue in person in this petition;

(b) Pass such other order or orders as this Hon’ble would deem
fit and proper in the facts and circumstances of the case.

AND FOR THIS ACT OF KINDNESS THE PETITIONERS AS

DUTY BOUND SHALL EVER PRAY.

Filed by:

Vishal Tiwari
Advocate
Supreme Court of India
Petitioner-in Person
Mobile- 9887681097
E-mail- vishalnigha@gmail.com
 23.

IN THE HON’BLE SUPREME COURT OF INDIA

(CIVIL ORIGINAL JURISDICTION)
PUBLIC INTEREST LITIGATION
I.A NO__________2020
IN
WRIT PETITION (CIVIL) NO.___________ OF 2020

IN THE MATTER OF :

Vishal Tiwari ... Petitioner

Versus

Union of India and ors. ... Respondent

AN APPLICATION FOR EXEMPTION FROM FILING DULY

AFFIRMED AFFIDAVIT
To,
The Hon’ble Chief Justice and his
Companion judges of the Hon’ble
Supreme Court of India
The humble petition of
The above named petitioner
MOST RESPECTFULLY SHOWETH:
1. That the above-mentioned writ Petition criminal (PIL) is being filed

by the petitioner under Article 32 of the Constitution of India

 24

praying for for issuing the writ of mandamus for seeking issuance

of specific Directions for the extension of the moratorium period for

at least three months from 31st August, 2020 to 31st December, 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 also other sectors like Transport, Tourist Industry

are helpless in this situation.

2. The petitioner for the sake of brevity has avoided to repeat the

averments made in the accompanying contempt petition as the

petitioner has comprehensively and substantially substantiated the

material facts and relied upon the averments made herein and the

averments made therein may kindly be read as part and parcel of this

application.

3. That the petitioner seeks exemption from filing the duly affirmed

and attested Affidavit as due to COVID19 lockdown the oath

commissioner or Notary public is not Available nearby to the place

of petitioner.
 25
PRAYER
In the above circumstances it is therefore most respectfully prayed
that this Hon’ble Court may pleased to :

(a) Exempt the petitioner from filing duly Affirmed and Attested
Affidavit;

(b) Pass such other order or orders as this Hon’ble would deem
fit and proper in the facts and circumstances of the case.

AND FOR THIS ACT OF KINDNESS THE PETITIONERS AS

DUTY BOUND SHALL EVER PRAY.
FILED ON- 12-7-2020

Filed by:

Vishal Tiwari
Advocate
Supreme Court of India
Petitioner-in Person
Mobile- 9887681097
E-mail- vishalnigha@gmail.com
 SECTION -PIL W

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 AND ORS. …RESPONDENTS

Sl. PARTICULARS COPIES COURT FEE

No.

1. WRIT PETITION E-FILING N.A

2.

3.

4.

5.

6.

7.

8.

10.

Filed on: 21-8-2020 Vishal Tiwari

Advocate

Supreme Court of India

Petitioner-in Person
Mobile- 9887681097
EMAIL- vishalnigha@gmail.com