Petition in supreme court for contempt

Dear Querist,

You may approach the High Court under Article 226 of the Constitution of India for the violation of any of your legal right. For approaching the Supreme Court under Article 32 of the Constitution, there must necessarily be violation of fundamental rights.  

SC is the guardian of the constitution. This position has been enforced by Art 32 that given any citizen to petition the SC if his fundamental rights are violated. The SC is empowered to give directions, orders, or writs including the writs of habeas corpus, mandamus, prohibition, and certiorari for the enforcement of the rights given in part III.

L Chandra Kumar vs Union of India (1997) may be referred to and relied upon. 

In the case of Basappa vs Naggapa, (1954), SC has held that the Article 226 confers wide powers to remedy injustice where ever it is found. Art 226 says, "...or writs or the kind of...", which means that it is not limited only the mentioned types of writs. It can issue orders orders of any kind that the situation may require. Thus, it makes the scope of Art. 226 a lot wider than Art. 32.

However, you may note that the remedy available in Art. 226 is a discretionary remedy and the High Court has the discretion to accept or refuse a petition. In general, if a remedy is available elsewhere, writs under Art. 226 are discourages. However, this does not mean that any remedy available can be a ground for not entertaining the petition under 226. The remedy must be effective and sufficient. In the case of Vellaswamy v IG Police, Madras (1982), SC held that the remedy under Police Rules of TN was not sufficient and so High Court was wrong in dismissing the petition.

Trust this would suffice to take appropriate decsion.