Article 32

Retwik kumar Mukherjee (Querist) 01 November 2010 This query is : Resolved
Can the order of high court be challenged under Article 32 of indian constitution in the light where the high court orders for a narco analysis?

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Devajyoti Barman (Expert) 01 November 2010
Dear Retwik being a law student you know that there is difference between the power of the high court and the supreme court as far as Writ jurisdiction is concerned.
Where as under Article 226 of the Constitution the high court can exercise extraordinary jurisdiction not only for enforcement or protection of fundamental rights but also for violation of Legal rights unlike the Supreme Court which can exercise such power only in case of rights as provided for under Part-III of the Constitution.
So, the issue of Narco analysis can be raised either before the high court u/a 226 or the supreme court u/a 32 for violation of the fundamental rights but not before the supreme court u/a 32 from the order passed by the high court. Such application can only be filed before the Supreme Court as SLP.

Retwik kumar Mukherjee (Querist) 02 November 2010
thank you very much Barman sir, that's precisely what I sought for.

R.Ramachandran (Expert) 02 November 2010
Unfortunately Supreme Court is not very much inclined to accept the petitions under Article 32 but desires the petitioners to approach the High Courts first under Art. 226 and then to come before it. After the High Court one cane come to the SC only under Art. 136 and not under Art.32. Thus, virtually, the SC by not permitting the parties to come before it under Art. 32, itself is violating one of the fundamental rights of the Citizens!