Article 32 being misused: Supreme Court on pleas being filed despite pending HC case

The Supreme Court on Friday termed the filing of Article 32 petitions while the same matter is pending before a High Court as a "gross abuse of the judicial process".

A Bench of Justices BV Nagarathna and Ujjal Bhuyan questioned counsel for a petitioner on how a writ petition under Article 32 could be filed before the Supreme Court when the matter was already pending before the Bombay High Court.

“Article 32 is being misused before this Court. The number of Article 32 cases has exponentially increased. For everything, you are coming to the Supreme Court. One adjournment in the High Court, and you file a plea before this Court,” the Bench observed.

During the course of proceedings, the petitioner had sought liberty to approach the High Court to file an application seeking a paternity test in a domestic violence matter.

However, Justice Nagarathna said that the Supreme Court would not advise the petitioner on such matters.

“Don’t take advice from the Supreme Court. You go and file an application wherever you want. We have not taken away any liberty.”

The Bench also noted that a majority of such Article 32 petitions were being filed from High Courts located around Delhi.

At this point, Justice Bhuyan added,

“Article 32 is meant for fundamental rights of citizens.”

Justice Nagarathna further observed,

“Filing of this petition under Article 32 of the Constitution of India is a gross abuse of the process of this Court and of law.”

Responding to the observations, counsel for the petitioner submitted that his difficulty arose from the Bombay High Court having earlier rejected the mother’s application for a paternity test.

To this, Justice Nagarathna said,

“File whatever you want to file. We have not taken away your liberty. The pending application stands dismissed. Consequently, all pending applications stand dismissed.”

Accordingly, the petition was dismissed.