Can a person invoke rights and file in Hon SC u/s 32 on the same matter after his WP u/s 226 against order of DRAT is dismissed by Hon HC ?
Dr C Suresh (CHAIRMAN) 06 September 2022
Can a person invoke rights and file in Hon SC u/s 32 on the same matter after his WP u/s 226 against order of DRAT is dismissed by Hon HC ?
Sourav Das (Advocate Supreme Court of India) 07 September 2022
No writ petition before supreme court, but you have file SLP against the order of high court.
Dr J C Vashista (Advocate) 07 September 2022
I agree with exper Mr Sourav Das qua challenge of dismissal order passed by High Court in writ petition under Article 226 of the Constitution of India by way of SLP.
Article 32 of the Constitution of India can only be invoked before Supreme Court for infringment of fundamental rights of citizen / petitioner enshrined in Part III of the Constitution. ...
P. Venu (Advocate) 07 September 2022
Yes, article 32 cannot be invoked unless there is a case grave violation of fundamental rihghts, that too, as an original cause and not at appellate stage.