BABA TEK SINGH versus UNION OF INDIA & ORS.

BABA TEK SINGH versus UNION OF INDIA & ORS.

A writ petition under Article 32 is not maintainable when a petitioner has withdrawn the corresponding petition from the High Court solely to approach the Supreme Court, as High Courts are competent to provide effective remedies. However, since the matter pertains to right to life and liberty and the petitioner should not be left remediless, the High Court is requested to restore and hear the original petition.

Parties
Petitioner: Baba Tek Singh; Respondents: Union of India & Ors.
Jurisdiction
India
Judgment Date
17 September 2012
Procedural Posture
Writ Petition (civil) / Original Jurisdiction; Disposal Order
Outcome
Writ petition disposed of with observations and directions.
Legal Topics
Maintainability of Writ Petition, Right to Life and Personal Liberty, Article 32, Article 226, Jurisdiction of High Courts Vs. Supreme Court
Constitutional Law Maintainability of Writ Petition Right to Life and Personal Liberty Article 32 Article 226 Jurisdiction of High Courts Vs. Supreme Court

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Parties

Baba Tek Singh

Petitioner

Union of India & Ors.

Respondents

Procedural Posture

Writ Petition (civil) / Original Jurisdiction; Disposal Order

Legal Issues

  1. 1 Whether a petitioner can withdraw a writ petition under Article 226 before a High Court and file for the same remedy under Article 32 before the Supreme Court.
  2. 2 Whether the writ petition under Article 32 is maintainable in these circumstances.

Ratio Decidendi

A writ petition under Article 32 is not maintainable when a petitioner has withdrawn the corresponding petition from the High Court solely to approach the Supreme Court, as High Courts are competent to provide effective remedies. However, since the matter pertains to right to life and liberty and the petitioner should not be left remediless, the High Court is requested to restore and hear the original petition.

Court Disposition

Writ petition disposed of with observations and directions.

Orders

  • Petition under Article 32 not entertained.
  • Request made to the Punjab and Haryana High Court to restore CWP No.21234/2011 to its original file and proceed further in accordance with law.