1994 JTR(SC) 1130
1995 Supp3 SCC 425
SUPREME COURT OF INDIA
BEFORE S.C. AGRAWAL AND FAIZAN UDDIN, JJ.
MOHAN CHAND
Versus
UNION OF INDIA AND OTHERS.
Writ Petition (Crl.) No. 326 of 1994,
Decided on 14-11-1994
The Supreme Court may transfer a writ petition filed under Article 32 to a High Court to be treated as a petition under Article 226 if related matters are already pending before that High Court.
Act
Referred
:CONSTITUTION OF INDIA
: Art.226, Art.32
(A) Constitution of India - Article 32 and Article 226 - Transfer of writ petition - Matters pending before High Court - Appropriateness of disposal by High Court - Petition under Article 32 transferred to be treated as petition under Article 226.
Facts of the case:
A writ petition was filed under Article 32 of the Constitution concerning a specific incident. It was observed that other matters related to the same and connected incidents were already pending before the concerned High Court.
Findings of Court:
The court found it more appropriate that the matter be dealt with by the High Court where connected proceedings were already pending.
Issues: Whether a writ petition filed under Article 32 should be transferred to a High Court if related matters are already pending there.
Ratio Decidendi: When connected matters are pending before a High Court, it is more appropriate for that court to dispose of the related writ petition to ensure judicial consistency and efficiency.
Result: Writ petition transferred to the High Court for disposal by treating it as a petition under Article 226.
Facts of the case:
A writ petition was filed under Article 32 of the Constitution concerning a specific incident. It was observed that other matters related to the same and connected incidents were already pending before the concerned High Court.
Findings of Court:
The court found it more appropriate that the matter be dealt with by the High Court where connected proceedings were already pending.
Issues: Whether a writ petition filed under Article 32 should be transferred to a High Court if related matters are already pending there.
Ratio Decidendi: When connected matters are pending before a High Court, it is more appropriate for that court to dispose of the related writ petition to ensure judicial consistency and efficiency.
Result: Writ petition transferred to the High Court for disposal by treating it as a petition under Article 226.
ORDER
This petition under Article 32 of the Constitution relates to incident at Khatima on 1-9-1992 in connection with movement for Uttarakhand. It appears that some matters are pending in the Allahabad High Court with regard to the same incident and other connected incidents. In these circumstances, we consider it more appropriate that this matter be dealt with by the Allahabad High Court as a petition under Article 226 of the Constitution. It is, therefore, directed that this writ petition may be transferred to the Allahabad High Court for disposal by treating it as a petition under Article 226 of the Constitution. Liberty to mention before the High Court. The writ petition is disposed of accordingly.
For Citation: 1995 Supp(3) SCC 425