As I have previously explained in a reply to a question (Can a case be filed directly in the Supreme Court?), the Supreme Court very rarely entertains a direction petition under Article 32 of the Constitution. Nowadays, the Supreme Court generally insists that the person concerned should first approach the high court, even if his fundamental right has been violated. So, nowadays, it is in very rare cases (such as in some PILs, for example, in issues of great public importance) that the Supreme Court will directly entertain a writ petition under Article 32.
Therefore, it is advisable to approach the high court for what you have mentioned.
But, in your question, you have mentioned that this matter is already pending in various high courts. So, this perhaps can be a reason to directly approach the Supreme Court, not under Article 32 of the Constitution, but under Article 139-A of the Constitution, which is reproduced as under:
“139-A. Transfer of certain cases.— (1) Where cases involving the same or substantially the same questions of law are pending before the Supreme Court and one or more High Courts or before two or more High Courts and the Supreme Court is satisfied on its own motion or on an application made by the Attorney-General of India or by a party to any such case that such questions are substantial questions of general importance, the Supreme Court may withdraw the case or cases pending before the High Court or the High Courts and dispose of all the cases itself:
Provided that the Supreme Court may after determining the said questions of law return any case so withdrawn together with a copy of its judgment on such questions to the High Court from which the case has been withdrawn, and the High Court shall on receipt thereof, proceed to dispose of the case in conformity with such judgment.
(2) The Supreme Court may, if it deems it expedient so to do for the ends of justice, transfer any case, appeal or other proceedings pending before any High Court to any other High Court.”
So, you may perhaps take the ground that since various high courts are hearing the same matter, there is a likelihood of them giving differing verdicts, therefore, it may be expedient in the interests of justice that such substantial question of law may be decided authoritatively by the Supreme Court by withdrawing / transferring all these high court cases to the Supreme Court itself. There is no guarantee that the Supreme Court will agree to your petition under Article 139-A of the Constitution in this regard, but this is an option available to you to try.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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