Filing Petition in SC during pendency of proceedings before HC for the same relief is an abuse of process of law; SC imposes 1L Cost [Read Judgment]
In a recent judgment, the Supreme Court of India reprimanded a petitioner for filing a Writ Petition under Article 32 of the Constitution, during pendency of a Writ before the High Court for the same relief, and imposed costs of Rs. “Having invoked a constitutional remedy before the High Court under Article 226 of the Constitution of India, the petitioner cannot, under Law, file another petition under Article 32 of the Constitution of India on identical set of facts for identical reliefs,” the Bench comprising Justice Kurian Joseph and Justice R.F. The Court noted that Ms. Patel had filed another Writ Petition under Article 226 of the Constitution of India before Bombay High Court, demanding the same remedies. The petitioner having filed a writ petition before the High Court under Article 226 of the Constitution of India, the writ petition having been admitted by the Court, the High Court having granted an interim order which has worked itself out and the petition is still pending before the High Court, filing a writ petition under Article 32 of the Constitution of India before this Court is nothing but an abuse of process of the Court, if not misuse.” Read the Judgment here.
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