Civil Procedure Code (CPC)

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DECISION OF THE SUPREME COURT OF INDIA

  • The Chief Justice of India (CJI) S.A. Bobde on Tuesday during the hearing of a plea filed under Article 32 of the Constitution said that the Court is trying to discourage petitions filed under Article 32 against the infringement of any fundamental right before the Supreme Court of India.
  • "We are trying to cut down the Article 32 jurisdiction", added the CJI S A Bobde.
  • This was the second consecutive day when the court expressed its unwillingness to allow and entertain writ petitions filed under Article 32 of the Constitution of India.
  • The controversial statement was made by the CJI while hearing a writ petition under Article 32 moved by a Senior Advocate Meenakshi Arora.
  • The matter related to an election issue and the same complained that the High Court had delayed in giving an early hearing date.
  • The Court dismissed the present writ petition and granted a liberty to the petitioner in this case to make a representation before the Chief Justice of the concerned High Court for seeking an early hearing date of the petition on election issue.

WHAT DOES ARTICLE 32 OF THE CONSTITION OF INDIA SAY?

"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."

WHAT LED THE COURT MAKE SUCH A STATEMENT ON TUESDAY?

  • The CJI while observing a spate of Article 32 petitions recently commented that the top court do not appreciate and support this.
  • Similar statements was made by the CJI recently during the hearing of the habeas corpus petition filed by the Kerala Union of Working Journalists for the release of the Kerala news reporter, Siddique Kappan from jail custody.
  • The Supreme Court Bench headed by the CJI asked the Senior Advocate Kapil Sonal who was representing the petitioner about his reason for not approaching the High Court. As Senior Advocate Kapil Sibal addressed his matter on merits, the CJI remarked that the Court is not hearing the plea on merits.
  • The bench headed by the CJI told Advocate Kapil Signal, "We are trying to discourage Article 32 petitions".
  • Yesterday also, the CJI had made similar remarks while hearing the habeas corpus petition filed by the Kerala Union of Working Journalists(KUWJ) seeking the release of Malayalam journalist Siddique Kappan from custody.
  • Another petition filed by Sameet Thakkar was also refused by the CJI-led bench on similar grounds.
  • The Chief Justice of India told Senior Advocate Mahesh Jethmalani who was representing Thakkar in the case that the concerned High Court can also protect and uphold the fundamental rights of aggrieved parties.

WHAT DO YOU THINK OF THIS DECISION? MENTION YOUR OPINIONS IN THE COMMENTS BELOW

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Subhasri Chatterjee Online
18 November 2020    54  Report



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