"Ignorance Of Law Is No Defence" : Supreme Court Junks A Writ Petition U/Art. 32 Seeking Expeditious Hearing Of A Petition Pending Before Calcutta HC

"Ignorance of law is no defence", the Supreme Court remarked while dismissing a writ petition seeking directions for expeditious hearing of a petition pending before a High Court.

One Nepal Das had approached the Apex Court by filing a writ petition seeking expeditious hearing of petition by the Calcutta High Court.

"Petition under Article 32 of the Constitution of India is filed seeking directions for expeditious hearing of a petition which is already pending before the High Court! Ignorance of law is no defence. More than that such kind of petitions seem to be leading the litigant up the garden path.", the bench of Justices Sanjay Kishan Kaul and Abhay S. Oka observed.

Article 32

Article 32 of the Constitution of India gives original jurisdiction to the Supreme Court in regard to enforcement of Fundamental Rights.  The remedy under Article 32 is restricted solely to enforcement of fundamental rights conferred by Part III of the Constitution.

Last month, the bench headed by Justice Kaul expressed surprise over a petition filed under Article 32 seeking a declaration that Part III of the constitution is ultra vires and void-ab-initio. Ironically, this writ petition itself is filed under Article 32 of the Constitution which is a Fundamental Right under Chapter III which he seeks to be declared as ultra vires and void ab initio, the bench had observed while dismissing the petition as withdrawn.

Case details

Nepal Das vs High Court of Calcutta | 2022 LiveLaw (SC) 946 | WP (Crl) 306/2022 | 7 Nov 2022 | Justice Sanjay Kishan Kaul and Abhay S. Oka

For Petitioner(s) Mr. Rajeev Lochan, Adv. Ms. Rinki Singh, Adv. M/S. Mukesh Kumar Singh and Co., AOR Ms. Kajal Kumari, Adv. Ms. Sundri, Adv.

Headnotes

Constitution of India, 1950 ; Article 32 - Writ Petition seeking directions for expeditious hearing of a petition which is already pending before the High Court - Dismissed - Ignorance of law is no defence - Such kind of petitions seem to be leading the litigant up the garden path. 

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