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26th February 2024 (12 Topics)

One can't question judicial delay by writ petition: SC

Context

The Supreme Court said one cannot question delay in a pending criminal appeal by filing a writ petition alleging violation of fundamental right.

The issue (petition)

  • The Supreme Court dismissed a writ petition filed seeking a direction to the Allahabad High Court to decide his criminal appeal pending since 2016 or grant him bail by suspending his sentence.

Key-points made by the SC

  • Accepting the prayer of the petitioner and issuing any direction, as prayed, would amount to inappropriate exercise of discretionary jurisdiction showing disrespect to another constitutional court; hence, no such direction, as prayed by the petitioner, can be issued.
  • The bench also said the Constitution does not grant power of superintendence to the Supreme Court over the High Court.

There is no provision in Chapter-IV (titled The Union Judiciary) under Part-V (The Union) of the Constitution of India which, in terms similar to Article 227 of the Constitution (Power of superintendence over all courts by the High Court) under Chapter-V thereof, confers power of superintendence on the Supreme Court over the High Courts.

What are Writs?

  • A writ petition can be termed as a formal written order issued by a judicial authority who possesses the authority to do so. 
  • In India, writs are issued by the Supreme Court under Article 32 of the Constitution of India and by the High Court under Article 226 of the Constitution of India.
  • Someone can seek justice through the five types of writs as provided by Article 32 of the Constitution. These are —

Habeas corpus

Considered to be among the most important writs for personal liberty, habeas corpus literally means to ‘produce the body‘. It is invoked to seek relief in cases where a person has been unlawfully detained. Individuals can file habeas corpus petitions if they believe they have been wrongfully imprisoned.

Mandamus

The writ of mandamus is issued by a higher court to a lower court or a government official or body, directing them to perform duties that they have refused to do.

Certiorari

A superior court issues a certiorari writ for re-examination of an action or decision by a lower court. It is invoked when a judgment has been delivered in violation of principles of natural justice or in opposition to the procedure established by law.

Prohibition

The writ of prohibition is to stop a lower court from going ahead with certain proceedings to ensure that it does not exceed its jurisdiction.

Quo warranto

This writ is issued to prevent people from assuming positions in public office when she or he is not entitled to it.

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