Asked February 23, 2017

SC cause of action

  • 1 Answer

Under which rule has the Supreme Court taken the case filed by Dangwimsai Pul, wife of former Arunachal Pradesh Chief Minister Kalikho Pul, on the suicide note left by her husband? Shouldn't the matter be considered by the lower Courts ?

Answer 1

The letter so forwarded by the wife of late Chief Minister of Arunachal Pradesh who had committed suicide on August 9 last year contained some serious allegations against top most legal officers, administrative officers and even against the sitting supreme court judges. Since, the letter was addressed to the Hon’ble Chief Justice of India, he has a power to convert such letters into Writs and order the hearing of case as the matter contained some very serious allegations and was of Public Interest. It can hence be said to be a matter of Public Interest Litigation (PIL).

The discretion entirely lies on the Hon’ble Supreme Court and High Courts to consider such applications or letters to be fit for hearing or not under PIL. This is an example of Judicial Activism which has evolved through various precedents. Hence, there is no such rule which needs to be applied for listing of such cases in Supreme Court.

The power to entertain such cases under the head of PIL lies only with Supreme Court and High Courts under Article 136 and 226 of the Constitution of India respectively and hence the lower courts have no jurisdiction over such matters.

Agree Comment 0 Agrees almost 5 years ago

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