Case Summary: Rupa Ashok Hurra vs Ashok Hurra & Another (2002)
Citation: (2002) 4 SCC 388 | Date of Decision: 10-04-2002
Case No.: W.P.(C) No. 000509 / 1997
[Judgment Source]
https://www.courtkutchehry.com/Judgement/Search/AdvancedV2?docid=265863
Law Points Raised:
1. Whether a final judgment of the Supreme Court can be challenged via a writ petition under Article 32 after a review petition has been dismissed.
2. Whether judicial orders passed by the Supreme Court can be considered nullities open to challenge under writ jurisdiction.
3. Scope and limitations of writ jurisdiction under Article 32, specifically in the context of certiorari.
Ratio Decidendi:
The Supreme Court ruled that a writ of certiorari cannot be issued to itself or any of its benches, as it is not an inferior court under the constitutional scheme. The Court clarified that Article 32 can only be invoked to enforce fundamental rights, and no judicial order passed by the Supreme Court violates such rights.
Final Ruling:
The writ petition under Article 32 was dismissed. The Court held that after the dismissal of a review petition, no further writ can be entertained to challenge the validity of the final judgment of the Supreme Court.
Relevant Paragraph Numbers:
• 1-3: Framing of constitutional questions and referral to Constitution Bench.
• 5-7: Interpretation of Articles 32, 137, 141, and related jurisdictional provisions.
• 8: Discussion on writs and their applicability in the Indian context.
• 9: Conclusion on the inapplicability of certiorari to Supreme Court decisions.