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'We Are Trying To Cut Down Article 32 Jurisdiction': Chief Justice of India
LIVELAW NEWS NETWORK
17 Nov 2020 6:27 PM IST
For the second day in a row, the Chief Justice of India expressed the disinclination to entertain writ petitions under Article 32 of the Constitution of India."'We are trying to cut down the Article 32 jurisdiction", CJI S A Bobde said on Tuesday.The CJI made the above statement to Senior Advocate Meenakshi Arora who was appearing in a writ petition under Article 32 in an election...
For the second day in a row, the Chief Justice of India expressed the disinclination to entertain writ petitions under Article 32 of the Constitution of India.
"'We are trying to cut down the Article 32 jurisdiction", CJI S A Bobde said on Tuesday.
The CJI made the above statement to Senior Advocate Meenakshi Arora who was appearing in a writ petition under Article 32 in an election matter, complaining of the High Court not giving an early date for the hearing.
Observing that there has been a spate of petitions under Article 32 recently, the CJI said: "we do not appreciate this".
The writ petition was disposed of granting liberty to the petitioner to make a representation before the Chief Justice of the High Court to seek an early hearing of the election petition.
'We are trying to cut down the Article 32 jurisdiction. We do not appreciate this', CJI Bobde while considering a writ petition.#Article32#SupremeCourt
— Live Law (@LiveLawIndia) November 17, 2020
Yesterday also, the CJI had made similar remarks while hearing the habeas corpus petition filed by the Kerala Union of Working Journalists(KUWJ) seeking the release of Malayalam journalist Siddique Kappan from custody.
"We are trying to discourage Article 32 petitions", the CJI had told Senior Advocate Kapil Sibal, who was appearing for the KUWJ.
CJI Bobde : You haven't filed the amended petition too.
— Live Law (@LiveLawIndia) November 16, 2020
Sibal : How can we file the amended petition when we cannot meet this gentleman in jail?
CJI Bobde : We will keep it on Friday. You get the State then.@KapilSibal #SiddiqqueKappan #SupremeCourt
The CJI-led bench had also refused to entertain the Article 32 petition filed by Sameet Thakkar yesterday.
"High Court can also uphold your fundamental rights. High Court can also protect you", the CJI told Senior Advocate Mahesh Jethmalani, who was appearing for Thakkar.
Jethamalani attempts to point out the offences in the FIRs do not disclose anything against Thakkar and that subsequent FIRs were filed after arrest.
— Live Law (@LiveLawIndia) November 16, 2020
CJI: Could you have not pointed this out to the HC ? @thakkar_sameet @AUThackeray @OfficeofUT #SameetThakkar