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roshan (student)     05 February 2010

writ appeal together with writ petition

Can a person approach the Supreme court under A.32  challenging that the order of a high court violates his fundamental rights while at the same moving a writ appeal seeking the reversal of such order? Can both the writ petition and writ appeal exist together?



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RAMAKRISHNA (GOVT EMPLOYEE / LAW QUALIFIED)     06 February 2010

 

No.    You cannot file a writ petition against any Court.  & both are not possible.
Because, when the High Court or other any court performs the judicial functions / duties, it won't be treated as `STATE'  under  Part III & IV of Constitution  as interpreted by Supreme Court.
Since, FR are guaranteed against `State' , you can’t file a writ application against High Court Order.   You can only appeal to apex court.
Suppose, if  it  is allowed,  the maximum writ petitions  are only filed against courts for their delay in justice    as the Speedy Trail ( Speedy justice ) is Fundamental Right.
To escape such problems,  the Supreme Court might have  interpreted  that `Courts are not a state when performing judicial functions'.   Otherwise, i don't find any logic / justice  to say a constitutional body is not a state for the purpose of   Part III & IV Constitution.
It is not out of place to mention here one more example about our Supreme Court :
Recently Delhi HC held that O/o CJI comes under RTI Act, 2005  as a public authority. 
But what will happen in future, Do you guess ?
One fine day you will find
This matter will go to Supreme Court on appeal and certainly they will deliver a judgment stating that  O/o CJI  would not comes under RTI Act 2005 .   In fact, our CJI has already said this in informal meeting so it is clear that they are just waiting to see the appeal on their table to deliver the judgment on the same lines.
Finally i want to say
Boss (Supreme Court ) is always right because he is the  final (supreme) authority .
Note :  Anything unwarranted in this, please excuse me as i am an infant (law Student ).
 
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