ANITA KUSHWAHA versus PUSHAP SUDAN

ANITA KUSHWAHA versus PUSHAP SUDAN

Supreme Court has constitutional power under Articles 32, 136, and 142 to order transfer of civil or criminal cases to or from the State of Jammu and Kashmir, even when no statutory provision empowers such transfer, if such order is essential for access to justice, a fundamental right under Article 21.

Parties
Petitioner: Anita Kushwaha; Respondent: Pushap Sudan
Jurisdiction
India
Judgment Date
19 July 2016
Procedural Posture
Transfer Petition (civil) No. 1343 of 2008 / Reference Decided; Petitions to Be Listed Before Regular Bench
Outcome
Reference answered in the affirmative; Supreme Court has power to direct transfer in such situations.
Legal Topics
Power of Supreme Court to Transfer Cases, Access to Justice, Fundamental Rights (articles 14, 21), Use of Articles 32, 136, And 142
Constitutional Law Civil Procedure Criminal Procedure Power of Supreme Court to Transfer Cases Access to Justice Fundamental Rights (articles 14, 21) Use of Articles 32, 136, and 142

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 35 Party arguments 2
Sign in to unlock

Parties

Anita Kushwaha

Petitioner

Pushap Sudan

Respondent

Procedural Posture

Transfer Petition (civil) No. 1343 of 2008 / Reference Decided; Petitions to Be Listed Before Regular Bench

Legal Issues

  1. 1 Whether Supreme Court has power to transfer cases to/from Jammu and Kashmir when no enabling statutory provision exists
  2. 2 Is access to justice a part of right to life under Article 21
  3. 3 Can Articles 32, 136, and 142 be used to effect such transfer

Ratio Decidendi

Supreme Court has constitutional power under Articles 32, 136, and 142 to order transfer of civil or criminal cases to or from the State of Jammu and Kashmir, even when no statutory provision empowers such transfer, if such order is essential for access to justice, a fundamental right under Article 21.

Court Disposition

Reference answered in the affirmative; Supreme Court has power to direct transfer in such situations.

Orders

  • Transfer petitions to be listed before regular bench for hearing and disposal on merits.