Re:Whether Writ Petition is maintainable apart from SLP?

Querist : Anonymous (Querist) 04 November 2010 This query is : Resolved
In my previous query, I am forget to add that Writ Petition under Article 32 of the constitution is maintainable before the SC(Not H.C)if the S.L.P is pending?
As Special Leave Petition is against the order of the Impugned order passed by the H.C and the Writ Petition is for the enforcement of fundamental rights which the Respondents/O.P is blocking by using delaying tactics
If in the S.L.P the interim relief has been pleaded whether there is need to file the Writ Petition separately for main prayer?

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R.Ramachandran (Expert) 04 November 2010
Dear Anonymous,
When we say that the writ petition before the HC cannot be maintainable on the same issue when an SLP is pending before the SC, your proposal to file a separate writ under Art. 32 before the SC itself on the same issue when the SLP is pending WOULD BE STILL WORSE. Whatever that I stated in regard to your earlier query would hold good for this query as well.

AGAIN, WHEN YOU HAVE FILED AN SLP BEFORE THE SC, IT IS YOUR THINKING (WRONGLY THOUGH) THAT THE RESPONDENTS/OP IS ADOPTING DELAYING TACTICS. THE SC will not allow such delaying tactics. If SC is allowing time, it is justified otherwise SC will not allow. Be rest assured.