Procedure to file a writ petition in Supreme Court of India

610 votes

Under article 32 of constitution of India any person can file a writ petition in supreme court of india seeking to protect his/her fundamental rights, guaranteed by the constitution of india. Any person can directly approach the supreme court of India only in the above mentioned situation.

Advocate Gopal Verma LawRato

557 votes

Writ Petition can be filed by approaching an Advocate on Record. Will need Affidavit and Vakalatnama. Your grievance need to be explained seeking a suitable relief supported by necessary documents to substantiate your case.

From a practical perspective please be informed that Supreme Court rarely entertains a Writ Petition under Article 32.

Advocate Sumanth Nookala LawRato

752 votes

It's very easy file writ petition in Supreme Court, draft your petition in English language, with all annexures and attach sufficient court fee in civil matter.
And file the matter to the registry of the supreme Court.

Advocate Alok Kumar Tripathi LawRato

594 votes

A writ petition can be filed in Supreme Court of India under Article 32 of the Constitution of India in case any fundamental right granted to the petitioner under Constitution is violated .The Writ Petition can be filed in person or by an advocate on record and 1 plus 5 copies are required to be filed .For filing a Writ petition in Supreme Court the issue in question must be related to more than one State or should have relevance in many States ,because Writ Petition which has issue in relation to one State only , can be filed in High Court of respective State under Article 226 of Constitution of India.The Supreme Court is normally reluctant to entertain the Writ Petition directly in Supreme Court ,if the facts are such that relief is claimed against one State only and expects that in such circumstances ,the petitioner should first approach the concerned High Court ,instead of approaching the Supreme Court directly.The petitioner is supposed to give the facts of the case in list of dates and the grounds for claiming the relief are to be given in the body of petition and all the parties against whom relief is prayed are required to be made as respondents in the writ petition and lastly prayer is to be made .The Writ petition should be supported by an affidavit of the petitioner and documents relied upon should be filed as annexures with the Writ Petition. .In case the petitioner wants to file the writ petition in person,that is without engaging an advocate on record ,he is supposed to file an application also , seeking permission from the Court to argue the case himself .A statement that similar Writ Petition has not been filed by the petitioner in any High Court is also required to be made in the Writ Petition and why the petitioner has not approached the High Court first and wants to file Writ petition directly in Supreme Court is also required to be mentioned in body of Writ Petitilon.The necessary Court fees is also required to be paid along with filing of Writ Petition .

Advocate Rajiv Mehta LawRato

605 votes

LEGAL / STATUTORY PROVISIONS PERTAINING TO THE SUBJECT MATTER.

(B) PETITIONS UNDER ARTicle .32 OFTHE CONSTITUTION OF INDIA

ORDER XXXVIII

APPLICATIONS FOR ENFORCEMENT OF FUNDAMENTAL RIGHTS (ARTICLE 32 OF THE CONSTITUTION)

I. (I) Every petition under article 32 of the Constitution shall be in writing and shall be heard by a Division Court of not less than five Judges provided that a petition which doesnot raise a substantial question of law as to the interpretation of the Constitution may be heard and decided by a Division Court of less than five Judges, and, during vacation, by the Vacation Judge sitting singly.

(2) All interlocutory and miscellaneous applications connected with a petition under article 32 of the Constitution, may be heard and decided by a Division Court of less than five Judges, and, during vacation, by the Vacation Judge sitting singly, notwithstanding that in the petition a substantial question of law as to the interpretation of the Constitution is raised.

2. No Court-fees shall be payable on petitions for habeas corpus or other petitions under Article 32 of the Constitution arising out of criminal proceedings, or in proceedings connected with such petitions.

HABEAS CORPUS

3. A petition for a writ of habeas corpus shall be accompanied by an affidavit by the person restrained staling that the petition is made at his instance and setting out the nature and circumstances of the restraint.

Provided that where the person restrained is unable owing to the restraint to make the affidavit, the petition shall be accompanied by an affidavit to the like effect made by some other person acquainted with the
facts, which shall state the reason why the person restrained is unable to make the affidavit.

The petition shall state whether the petitioner has moved the High Court concerned for similar relief and if so, with what result.

4 The petition shall be posted before the Court for preliminary hearing, and if the Court is of the opinion that a prima facie case for granting the petition is made out, rule nisi shall issue calling upon the person or persons against whom the order is sought, to appear on a day to be named therein to show cause why such order should not be made and at the same lime to produce in Court the body of the person or persons alleged to be illegally or improperly detained then and there to be dealt with according to law.

5. On the return day of such rule or any day to which the hearing there of may be adjourned, if no cause is shown or if cause is shown and disallowed, the Court shall pass an order that the person or persons improperly detained shall be set at liberty. If cause is shown and allowed, the rule shall be discharged. The order for release made by the Court, shall be a sufficient warrant to any gaoler, public official, or other person for the release of the person under restraint.

6. In disposing of any rule, the Court may in its discretion make such order flll' costs as it may consider just.

MANDAMUS, PROHIBITION, CERTIORARI, QUO.WARRANTO AND OTHER DIRECTIONS OR ORDERS

7. A petition for a direction, or order, or writ including writs in the nature of mandamus, prohibition, quo-warranto or certiorari shall set out the name and description of the petitioner, the nature of the fundamental right
infringed, the relief sought and the grounds on which it is sought and shall be accompanied by an affidavit verifying the facts relied on and at least three copies of the petition and affidavit shall be lodged in the Registry.

The petition shall also state whether the petitioner has moved the High Court concerned for similar relief and, if so, with what result.

8. The petition shall be posted before the Court for preliminary hearing and orders as to the issue of notice to the respondent. Upon the hearing, the Court, if satisfied that no fundamental right guaranteed by the Constitution has been infringed or that the petition is otherwise untenable, shall dismiss the petition and if not so satisfied, shall direct a rule nisi to issue to the respondent calling upon him to show cause why the order sought
should not be made, and shall adjourn the hearing for the respondent to appear and be heard.

9. If the Court, on preliminary hearing, orders issue of show cause notice to the Respondent, he shall be entitled to file his objections within 30 days from the date of receipt of such notice or not later than 2 weeks before the date appointed for hearing, whichever be earlier, unless directed otherwise by the Court.

10. Upon making the order for a rule nisi, the Court may, if it thinks fit, grant such ad·interim relief to the petitioner as the justice of the case may require, upon such terms if any as it may consider just and proper.

II. (I) Unless the Court otherwise orders, the rule nisi together with a copy of the petition and of the affidavit in support there of shall be served on the respondent not less than twenty-one days before the returnable date. The rule shall be served on all persons directly affected and on such other persons as the Court may direct.

(2) Affidavits in opposition shall be filed in the Registry not later than four days before the returnable date and affidavits in reply shall be flied within two days of the service of the affidavit in opposition.

(3) Within four weeks of the filing of the pleadings, the petitioner shall file written brief prepared in the following manner, namely:-

(a) At the outset, the brief shall contain a short summary of the pleading essential for the decision of the points in issue. This shall ordinarily not exceed two pages:

(b) Thereafter, the petitioner shall formulate propositions of fact and law that are proposed to be advanced at the hearing citing under each of those propositions, authorities including text books, statutory provisions, regulations, ordinances or bye~laws or orders that are desired to be relied upon. In the case of decisions, reference shall be given to official reports, if available. In the case of text books reference shall, if possible, be given to the latest edition.

Where any statute, regulation, rule or ordinance or bye-law is cited or relied upon, so much thereof as may be necessary for the decision of the points in issue shall be set out.

(4) Within four weeks of the service of the petitioner's written brief on him, the contesting respondent shall file his written brief setting out briefly the grounds on the basis of which he is opposing each of the propositions formulated by the petitioner. Under each of those grounds he shall cite such authorities as he may seek to rely in the same manner as the petitioner is required to do under sub-rule (3). In his written brief, the
respondent may raise objections as to the maintainability or sustainability of either the petition as a whole or any relief claimed therein in the form of propositions, supported by authorities in the manner mentioned earlier.

(5) Within one week of the receipt of the brief filed by the respondent, the petitioner may submit his reply brief which shall be concise and to the point in respect of the points raised in the respondent's brief.

(6) Copies of affidavits and briefs required to be filed under this rule shall be served on the opposite party or parties and the affidavits or brief shall not be accepted in the Registry, unless they contain an endorsement of service signed by such party or parties. Every party to the proceeding shall supply to any other party on demand and on payment of the proper charges, copies of any affidavit or brief filed by him. At least seven copies of affidavits and briefs shall be lodged in the Registry.

(7) If the Court considers any of the propositions formulated or grounds taken by any of the parties in the written briefs filed as being irrelevant or frivolous the Court may award against such party or parties such costs as the Court may consider fit.

(8) At the hearing of rule nisi, except with the special permission of the Court, no party shall be allowed to advance any proposition or urge any ground not taken in the written briefs, nor shall be allowed to rely on any authorities (including provisions of statute, rule, bye-law, regulation or order) other than those mentioned in the briefs, unless such authorities or provisions have been published or made after the written briefs were filed into
Court.

(9) At the bearing of the rule nisi, if the Court is of the opinion that an opportunity be given to the parties to establish their respective cases by leading further evidence, the Court may take such evidence or cause such evidence to be taken in such manner as it may deem fit and proper.

(10) No party to a petition under this rule shall be entitled to be heard by the Court unless he has previously lodged his written brief in the petition.

PUBLIC INTEREST LITIGATION

12. (I) A Public Interest Litigation Petition may commence in any ofthe following manners:

(a) as a Suo moto petition in pursuance of the order of the Chief Justice or Judge of the Court.

(b) in pursuance of an order of the Chief Justice or a Judge nominated by the Chief Justice on a letter or representation.

(c) by an order of the Court to treat a petition as a Public Interest Litigation Petition.

(d) by presentation of a petition in the Court.

(2) In a petition filed under clause (d) of sub-rule (I) the petitioner shall

(i) disclose:

(a) his full name, complete postal address, e-mail address, phone number, proof regarding
personal identification, occupation and annual income, PAN number and National Unique
Identity Card number, if any;

(b) the facts constituting the cause of action;

(c) the nature of injury caused or likely to be caused to the public;

(d) the nature and extent of personal interest, if any, of the petitioner(s);

(e) details regarding any civil, criminal or revenue litigation, involVing the petitioner or any of the petitioners, which has or could have a legal nexus with the issue(s) involved in the
Puhlic Interest Litigation; and

(i) whether the concerned Government Authority was moved for relief{s) sought in the
petition and if so, with what result.

(ii) file an affidavit stating that there is no personal gain, private motive or oblique reason in filing the Public Interest Litigation.

(3) The Court may impose exemplary costs on the petitioner(s) if it finds that the petition was
frivolous or instituted with oblique or mala fide motive or lacks bona fides.

13. The provisions contained in Order XV relating to petitions generally shall, so far as may be applicable, apply to petitions under this Order.

Advocate Ajit Wagh LawRato