writ against supreme court

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  • #5239

    can I file a writ against Supreme Court in case my case is pending since long and I am not being able to get justice thus hurting my fundamental right?

  • #5251

    A writ petition is not maintainable against the Supreme Court or against High Court in respect of their judicial functions. However, if there is a decision taken by the Supreme Court on its administrative side (such as some service matter of its employee), it can be challenged in a writ petition if otherwise such writ petition is maintainable. But, no writ can lie to Supreme Court against its judicial orders or some action taken by it in its judicial capacity.

    I may point out that in the case of Rupa Ashok Hurra v. Ashok Hurra, (2002) 4 SCC 388 : AIR 2002 SC 1771, a Constitution bench of the Supreme Court held as under:

    “…on principle a writ of certiorari cannot be issued to coordinate courts and a fortiori to superior courts. Thus, it follows that a High Court cannot issue a writ to another High Court, nor can one Bench of a High Court issue a writ to a different Bench of the same High Court; much less can writ jurisdiction of a High Court be invoked to seek issuance of a writ of certiorari to the Supreme Court. Though, the judgments/orders of High Courts are liable to be corrected by the Supreme Court in its appellate jurisdiction under Articles 132, 133 and 134 as well as under Article 136 of the Constitution, the High Courts are not constituted as inferior courts in our constitutional scheme. Therefore, the Supreme Court would not issue a writ under Article 32 to a High Court. Further, neither a smaller Bench nor a larger Bench of the Supreme Court can issue a writ under Article 32 of the Constitution to any other Bench of the Supreme Court. It is pointed out above that Article 32 can be invoked only for the purpose of enforcing the fundamental rights conferred in Part III and it is a settled position in law that no judicial order passed by any superior court in judicial proceedings can be said to violate any of the fundamental rights enshrined in Part III. It may further be noted that the superior courts of justice do not also fall within the ambit of State or other authorities under Article 12 of the Constitution.”

    If your case is pending for long in the Supreme Court, your remedy would be to request the court to expedite the hearing by showing your urgency. Unfortunately, a large number of cases are pending in courts for long, so it may not be possible to give out of turn hearing to all pending matters. But, you can try making a request for expeditious hearing if your case is of urgent nature.

         


    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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