The Supreme Court has expressed displeasure over the misuse of Article 32. SC said that this petition filed under Article 32 is a gross abuse of the court process and law. The Supreme Court has rejected the petition on Friday. Despite a petition being pending in the Bombay High Court, a person had filed a petition in the Supreme Court under Article 32.
The Supreme Court on Friday has expressed its displeasure regarding this petition. In fact, Article 32 gives citizens the right to request constitutional remedy from the Supreme Court on violation of fundamental rights. Justice B. A bench of V. Nagarathna and Justice Ujjal Bhuyan said that it is being misused by filing petitions under Article 32 even on matters like adjournment in the High Courts.
The bench said, Article 32 is being misused. The number of cases filed under Article 32 is increasing rapidly. On every small issue, even an adjournment, a petition is filed here under Article 32. Especially people around Delhi are filing petitions under Article 32. What is this? This is abuse. The Supreme Court said that this petition filed under Article 32 is a gross misuse of the court process and law, hence it is rejected.
Justice Nagarathna clarified that when a case is already pending in the High Court, then filing a petition under Article 32 falls in the category of misuse. When the petitioner's lawyer sought permission to go to the High Court, Justice Nagarathna said, "Do not take advice from the Supreme Court. Go where you want to go and file the application. We have not taken away any of your freedom." In its order, the bench clearly said that this petition is an abuse of the court process.
The Supreme Court said that especially people around Delhi are filing petitions under Article 32. What is this? This is abuse. It is said that Article 32 deals with the rights to constitutional remedies. If any citizen's fundamental rights are violated then he can directly go to the Supreme Court for justice. For which the court can issue orders, instructions or writs.
