PREM CHAND GARG versus EXCISE COMMISSIONER, U.P. ALLAHABAD

PREM CHAND GARG versus EXCISE COMMISSIONER, U.P. ALLAHABAD

Rule 12 of Order XXXV of the Supreme Court Rules, requiring the furnishing of security from petitioners in Article 32 petitions, is invalid to the extent it relates to the furnishing of security, as it contravenes the absolute right guaranteed by Article 32 to move the Supreme Court for the enforcement of fundamental rights.

Parties
Petitioner: Prem Chand Garg; Respondent: Excise Commissioner, U.P., Allahabad; Respondent: State of U.P.; Respondent: Registrar, Supreme Court of India
Jurisdiction
India
Judgment Date
06 November 1962
Procedural Posture
Writ Petition Under Article 32 / Judgment
Outcome
Allowed
Legal Topics
Supreme Court Rules, Security for Costs, Enforcement of Fundamental Rights
Constitutional Law Civil Procedure Supreme Court Rules Security for Costs Enforcement of Fundamental Rights

Case Brief

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Parties

Prem Chand Garg

Petitioner

Excise Commissioner, U.P., Allahabad

Respondent

State of U.P.

Respondent

Registrar, Supreme Court of India

Respondent

Procedural Posture

Writ Petition Under Article 32 / Judgment

Legal Issues

  1. 1 Whether Rule 12 of Order XXXV of the Supreme Court Rules requiring security for costs in writ petitions under Article 32 is valid
  2. 2 Whether the Supreme Court can make rules or orders which restrict the absolute right to move the Court under Article 32 for enforcement of fundamental rights

Ratio Decidendi

Rule 12 of Order XXXV of the Supreme Court Rules, requiring the furnishing of security from petitioners in Article 32 petitions, is invalid to the extent it relates to the furnishing of security, as it contravenes the absolute right guaranteed by Article 32 to move the Supreme Court for the enforcement of fundamental rights.

Court Disposition

Allowed

Orders

  • The writ petition is allowed.
  • The order requiring the petitioners to furnish security of Rs. 2,500/- is set aside.