Slp due to gross injustice?
Querist :
Anonymous
(Querist) 29 November 2021
This query is : Resolved
For a number of years now, High Court has repeatedly passed orders contrary to the law, dismissing our criminal writ petitions thrice, and always denying relief sought. This has happened even during the pandemic. Moreover, two applications for placing on record some vital documents have been left pending, while deciding the most recent writ petition.
Is this repeated conduct of the High Court of not following the concerned Act and the law, and now also leaving two applications for placing on record some vital documents pending, while dismissing the writ petitions and denying the relief sought, constitute gross injustice sufficient enough to file an SLP on this ground?
Or is it advisable to raise questions of law in the SLP?
Sorry for being anonymous, but it is important.
P. Venu
(Expert) 30 November 2021
The facts posted are too vague to suggest any meaningful solution.
kavksatyanarayana
(Expert) 30 November 2021
The stated facts are not clear. Don't blame the courts. Generally, the judgments depend on the merits and demerits of the case. If you want to file SLP, consult your own counsel.
P. Venu
(Expert) 01 December 2021
And even if there are merits how the pleadings are drawn up, evidence adduced and arguments advanced.
Querist :
Anonymous
(Querist) 01 December 2021
Hello,
I would just like to know what constitutes gross injustice as far as filing an SLP is concerned.
I am providing more details below:
The relief sought is governed by an Act and rules by the state government. The concerned Act contains a provision where the relief sought can be denied only in case of two specified reasons, and no other ground. The rules of state government also provide for ineligibility of a person for only the time specified, in case of a violation (which already elapsed before any of the writ petitions were filed).
Despite this, High Court is not respecting the Act and the rules repeatedly. Most recently they left two applications pending in the writ petition, and dismissed the writ petition without passing any orders in the two applications, which are still pending till date. The said two applications contained vital documents regarding rules of the state government, which proved that state government authorities had violated the rules and were also guilty of contempt of court.
The counsel had in fact even argued based on these two applications, but still they were left pending.
Even going by the record alone, it seems no one's fault but the High Court's which dismissed the writ petition without passing any orders in the two still pending applications, leading to gross injustice.
Such things have been happening repeatedly for a number of years, in various writ petitions, as mentioned earlier.
Does this make a good case of gross injustice as far as SLP is concerned, or questions of law should be raised in the SLP to make a good case?
Thank you.
Querist :
Anonymous
(Querist) 01 December 2021
I would also like to add that, in matters relating to other people, the Act and the rules are followed, but the same has not been done repeatedly in our case. There is a clear disparity which is quite upsetting.
Isaac Gabriel
(Expert) 01 December 2021
You have not stated the case details and the court order which you want to file SLP .
P. Venu
(Expert) 01 December 2021
Yes, the querists need to inform us of the facts than imposing his opinions, assumptions and presumptions.
Dr J C Vashista
(Expert) 01 December 2021
What is the writ sought by you ?
Which law is allegedly flawed in your case whereas, relief under same law has been extended to others?
SLP can be filed against final order of division bench of High Court where certificate under Article 134 A has been refused.
What are the two interlocutory applications stated to have been filed and dismissed ?
