LawRato

Hello sir my writ pention is pending


22-Sep-2025 (In Criminal Law)
I want to expidite my writ pention in high court can i go in supreme court under article 32 for violation of speedy trial
Answers (5)

Answer #1
875 votes
I understand your urgency to expedite the High Court writ petition for speedy trial under Article 21, and escalating to the Supreme Court via Article 32 is possible if delays violate fundamental rights. To advise effectively, please share: case nature (offense/FIR details), petition pendency duration and status (e.g., adjournments), lower court trial stage, and prejudice caused. In parallel, apply for early High Court hearing. Let's discuss drafting the SC petition next—justice delayed is justice denied.
Helpful? LawRato LawRato
Answer #2
759 votes
You can file an application seeking ex-pedite, and expeditiously disposal or decision of the case. Also please mention the details of your case in order to get an favourable order for disposal of the same.
Helpful? LawRato LawRato
Answer #3
871 votes
Yes, you have the right to approach the Supreme Court under Article 32 if your fundamental right to a speedy trial (covered under Article 21) is violated. However, the usual practice is to first move the High Court under Article 226 by filing a writ seeking early hearing or expeditious disposal. The Supreme Court normally expects you to exhaust that remedy before invoking Article 32, except in rare cases where there is gross delay or exceptional hardship. My advice is to first file an urgent application in the High Court for early listing/expedited hearing of your pending writ petition. If no relief is granted, then you may consider moving the Supreme Court.
Helpful? LawRato LawRato
Answer #4
723 votes
Yes you can if there is diff one t delay , in September 2024 I had got a sillmikiar otxwr for a client in Supreme Court frombwnch of surya Kant and Dipankar Dutta can happy you under article 32 if theee is judge delay
Helpful? LawRato LawRato
Answer #5
843 votes
Right to speedy trial is a Fundamental Right under Article 21. If your writ petition is already pending before the High Court, ordinarily the proper course is to first seek early hearing or listing before the same court through an urgent application. However, in exceptional circumstances where there is gross delay or violation of fundamental rights, you can directly approach the Supreme Court under Article 32 citing violation of Article 21. The Supreme Court generally expects you to exhaust remedies before the High Court, but it retains power to entertain such matters in rare cases of urgency or manifest injustice. A carefully drafted petition explaining delay and prejudice caused will be required.
Helpful? LawRato LawRato

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."