Speedy justice direction from supreme court for high court

When there is alternate remedy available then WRIT is not maintainable, so WRIT under article 32 in Supreme court is not maintainable. You can file application for early hearing in high court. Court has its own procedure prescribed by law. There is as such no short cut.

Thanks you very much Sidharthji

   My early hearing application in high court bangalore was allowed in feb 2016. The MFA has been listed since last 1.5 years but does not reach till evening. Each day of listing they prepare fresh list and MFA it is not moved up in next listing.

   I also raised to hon judge it last year and filed another application for urgent hearing but judge delayed listing  instead of agreeing to hear it.

I have gone through article 32 once more and I found following in internet.

(i) where the Writ petition seeks enforcement of any of the fundamental rights; (ii) where there is failure of principles of natural justice or (iii) where the orders or proceedings are wholly without jurisdiction or the vires of an Act is challenged. In these circumstances, an alternative remedy does not operate as a bar.

Since my efullly basic right to live peacefuly and access to speedy justice under article 21 is violated why can not I go to supreme court under by writ article 32?

Since my early hearing was allowed in 2016 feb, and case is not heard in what way I can go to supreme court?  How special leave application will be applicable in this case as I am not seeking relief against high court order rather I want it to be complied and implemented?

  High court of Bangalore is not complying to its own order and not giving me justice? I  can not find any alternate remedies either? Please suggest a way?

I would be extremely grateful to you if you reply.

Regards

Manish

  

 

The issue is that under writ against whom you will find writ and on which grounds? If you wish take chance. In your case you can try and can take chance by way of SLP. Sidhnarth

Thanks a lot Sidhartji So what I understand from your message is I can file SLP under article 136 in supreme court.But as Such SLP are filed against some order to get relief. But for me I can only go with early hearing order which high court is not going with?I mean I need to file SLP for high court to comply with early hearing order it passed. Also Hindu marriage act 21B subsection 3 clearly states that any appeal filed must be concluded with 3 months of notice send to respondent. so can I mention these things in SLP?

You are not required to mention all these laws. Concentrate on facts and your sufferings. You may try but I am doubtful that anything would be achieved.

Thanks Sidhartji

   I will be grateful to you if you can send me link to a specimen of similar SLP.

Regards

Manish

Please consult any supreme lawyer in this regard. You may also consult with your details.Sidharth 9811776422