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Sameer Sharma (Advocate)     25 August 2010

Petition under Art. 32

A filed a petition under A.32 before the Supreme Court, challenging the conviction of B in a criminal matter by a High Court. B did not file an appeal against the conviction, nor a petition under A.32 because B believes that he deserves to get punished. Whether A’s petition for locus standi can be rejected by Supreme Court? If yes, on what grounds?



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 2 Replies

Daksh (Student)     25 August 2010

Dear Mr.Sameer Sharma,

Your answer is dependent upon the facts of the case.  If  A is trying to bypass the route of alternate remedy then he won't be able to succeed.  Other wise if he in his petition is able to show something of the sort  (substantial question of legal/constitutional importance or the non application of the mind by Subordinate court )  which the Apex Court would like to entertain and adjudicate then yes he does have locus standi but the same would be his own personam not on behalf of B (for the simple reason that he is not been authorized by B in this regard).

Best Regards

 

Daksh

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Arup (UNEMPLOYED)     25 August 2010

if it is pil, it may be accepted.

suppose you know that  though b punished but actually innocent, and awarded punishment due to other's misdeeds, and he is either unable or unwilling to pray the higher court, then pil may be accepted.

if you tell your case then more appropriate answer is possible.

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