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Judgment of the Division Bench of the High Court cannot be declared as illegal  Under Article 32 of the Constitution , says Supreme Court

  • January 21, 2025
  • 67 Views

In Vimal Babu Dhumadiya &  ors. Versus  The State   of   Maharashtra & Ors,  Supreme Court held on 17/01/2025 that Judgment of the Division Bench of the High Court cannot be declared as illegal  Under Article 32 of the Constitution.

This is a petition under Article 32 of the Constitution of India inter alia praying for declaring the judgment of the Division Bench of the High Court of Judicature at Bombay as illegal as the order had been passed without hearing the necessary parties.

Article 32 grants every individual the right to move the Supreme Court for the enforcement of their fundamental rights in the form of writs ( Habeas Corpus/ Mandamus/ Prohibition/ Certiorari/ Quo Warranto)

 The Court held : ‘under Article 32 of the Constitution, the judgment of the Division Bench of the High Court of Judicature at Bombay cannot be declared as illegal. If the petitioners have not been heard and are affected by the said judgment, the remedy available to them is to either file a petition/application for recall of the said order/judgment or to challenge the same by way of a petition under Article 136 of the Constitution before this Court.’

136. Special leave to appeal by the Supreme Court : (1)

Not with standing anything in this Chapter, the Supreme Court may, in its discretion, grant special leave to appeal from any judgment, decree, determination, sentence or order in any cause or matter passed or made by any court or tribunal in the territory of India.(2)Nothing in clause (1) shall apply to any judgment, determination, sentence or order passed or made by any court or tribunal constituted by or under any law relating to the Armed Forces.