Published: 4th Mar, 2024
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.
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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 —
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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. |
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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.
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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.
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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.
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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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