'Article 32 Is For Citizens, Those Around Delhi Misusing Article 32 Petitions' : Supreme Court

The Supreme Court on Friday strongly deprecated the growing tendency of litigants to directly invoke Article 32 of the Constitution even when proceedings on the same issue are already pending before High Courts, terming such practice a “gross misuse” of the Court's jurisdiction.

A Bench comprising Justice BV Nagarathna and Justice Ujjal Bhuyan dismissed a writ petition filed under Article 32, noting that a plea on the same subject was pending before the Bombay High Court.

During the hearing, Justice Nagarathna expressed concern over what she described as the rampant misuse of Article 32, observing that the number of such petitions had “exponentially increased”. She remarked that for even routine grievances, including adjournments, litigants were approaching the Supreme Court directly.

“Article 32 is being misused. For everything, one adjournment, file Article 32 here,” Justice Nagarathna said. "And those surrounding Delhi are filing Article 32 petitions. What is this? It is misuse," she added.

"Article 32 is for citizens," Justice Bhuyan commented.

"It is misuse when there is a pending matter before High Court," Justice Nagarathna stated.

When counsel for the petitioner sought liberty to approach the High Court, Justice Nagarathna curtly declined to issue any such direction. “Don't take advice from the Supreme Court. You go and file an application wherever you want. We have not taken away any liberty,” she said.

In its order, the Bench categorically held that the petition amounted to an abuse of the Court's process. “This petition under Article 32 is gross misuse of the process of this Court and of law. Hence, dismissed,” the Court ordered.