Right to constitutional remedies under Article 32 being misused, says SC

The Supreme Court reprimanded a petitioner for misusing Article 32 to approach the top court despite a pending plea in the Bombay High Court, calling it a “gross misuse” of constitutional remedies and dismissed the petition

New Delhi: The Supreme Court on Friday slammed a petitioner for filing a plea under Article 32, which gives citizens the right to seek constitutional remedies from the top court over violation of fundamental rights, despite a petition pending before the Bombay High Court.

A bench of Justices B V Nagarathna and Ujjal Bhuyan said Article 32 is being misused by filing petitions even on adjournments in high courts.

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“Article 32 is being misused. The number of cases filed under Article 32 are exponentially being increased. For everything, one adjournment, file Article 32 here. Especially those surrounding Delhi are filing Article 32 petitions. What is this? It is a misuse,” the bench said.

The top court said the petition filed under Article 32 is a gross misuse of the process of the court and of law, and dismissed it.