In case of infringement of Fundamental Rights of a citizen by the State or its instrumentalities of state, Petitions under Article 32 of the Constitution for issuance of directions or orders or writs, including the writs in the nature of Habeas-corpus, mandamus, quo-warranto, prohibition, certiorari for enforcement of the fundamental rights;
The Supreme Court has have power to issue directions or orders or writs whichever may be appropriate, for the enforcement of any of the rights conferred by Part III of the Constitution.
Even after a death sentence has been confirmed and is not open to review, the Supreme Court may, under Article 32 read with Article 21, commute the sentence of death into one of life imprisonment on the ground of undue delay in execution of the death since it was confirmed.
FILING PROCEDURE & DOCUMENTS TO BE ACCOMPAINED:
The Writ Petition is filed, accompanied by:
- Original or certified copy or true copy of the order or decision, if any, complained of;
- Supported by an affidavit verifying the facts relied upon.
- The petitioner shall state whether the petitioner has moved the High Court for similar relief and, if so, with what result.
- When a petitioner relies upon document(s) in his possession or power, he shall file those documents along with the petition.
- Where such document is handwritten or is not fairly legible, it shall be accompanied by true, typed or printed copy thereof: Provided that where such documents are not in his possession, the petition shall annex a list of such documents to the petition.
Public Interest Litigation:
Petitions under Article 32 of the Constitution read with Part III(B) Order XXXVIII of the Rules in the nature of public interest litigation seeking redressal of public injury, enforcement of a public duty or vindicating interest of public nature. Under the Extra-ordinary Original Jurisdiction, a writ petition in the nature of public interest litigation can be filed in the Supreme Court.
The matters of public interest generally include:- bonded labour matters; matters of neglected children; exploitation of casual labourers and non-payment of wages to them; matters of harassment or torture of persons belonging to Scheduled Castes, Scheduled Tribes and Economically Backward Classes, either by co-villagers or by police; matters relating to environmental pollution, disturbance of ecological balance, drugs, food adulteration, maintenance of heritage and culture, antiques, forests and wild life; petitions from riot victims; and other matters of public importance.
A petition under Article 32 of the Constitution read with Order XXXVIII Rule 1 of the Rules for a direction or order or writ, including writs in the nature of mandamus, prohibition, quo warranto and certiorari or any of them is filed in Form No. 32 setting out the name and description of the Petitioner(s) and respondents(s), the nature of fundamental right infringed, the relief sought and the grounds on which it is sought.
Letter Petition (Also treated as Writ Petition by Supreme Court):
Letter petitions received by post, even though not in public interest, can be treated as writ petitions, if so directed by the Judge nominated for the purpose.
The following individual cases can also be registered as writ petitions under Article 32 of the Constitution:
- complaints about harassment or torture or death in jail or by police;
- complaints of atrocities on women, such as harassment for dowry, bride burning, rape, murder and kidnapping;
- complaints relating to family pensions; and
- complaints of refusal by police to register the case.
In such cases, a Report from the concerned Authority is obtained before placing the matter before the Judge for consideration as to the registration of the case as a writ petition.
