Vinoy Kumar
v.
State Of U.p. & Ors
(Supreme Court Of India)
Special Leave Petition (Criminal) No. 1253 Of 2001 | 16-04-2001
1. Aggrieved by the orders passed by the District & Sessions Judge, Varanasi dated 13.2.2001 transferring a number of criminal cases for disposal to the Additional District & Sessions Judge/Special Judge, the petitioner-Advocate, representing the accused persons in three of such transferred cases, filed a writ petition in the High Court praying for quashing of the said order. It was contended that by the transfer of the cases, the speedy trial of the accused has been hampered and that the order has been passed in a casual manner. the writ petition was dismissed by the High Court holding that the petitioner being an advocate had no locus standi to challenge the legality of the order by way of a writ petition.
2. Generally speaking, a person shall have no locus standi to file a writ petition if he is not personally affected by the impugned order or his fundamental rights have neither been directly or substantially invaded nor is there any imminent danger of such rights being invaded or his acquired interests have been violated ignoring the applicable rules. The relief under Article 226 of the Constitution is based on the existence of a right in favour of the person invoking the jurisdiction. The exception to the general rule is only in cases where the writ applied for is a writ of habeas corpus or quo warranto or filed in public interest. It is a matter of prudence, that the court confines the exercise of writ jurisdiction to cases where legal wrong or legal injury caused to a particular person or his fundamental rights are violated, and not to entertain cases of individual wrong or injury at the instance of third party where there is an effective legal aid organisation which can take care of such cases. Even in cases filed in public interest, the court can exercise the writ jurisdiction at the instance of a third party only when it is shown that the legal wrong or legal injury or illegal burden is threatened and such person or determined class of persons is, by reason of poverty, helplessness or disability or socially or economically disadvantaged position, unable to approach the court for relief.
3. In the instant case the petitioner had not filed the petition in public interest and did not disclose the circumstances which prevented the affected persons from approaching the court. In the discharge of his professional obligations, the petitioner-advocate is not obliged to file the writ petition on behalf of his clients. No circumstance was mentioned in the petition which allegedly incapacitated the affected persons from filing the writ petition. Section 30 of the Advocates Act, only entitles an advocate to practice the profession of law and not to substitute himself for his client. The filing of the writ petition in his own name, being not a part of the professional obligation of the advocate, the High Court was justified in dismissing the writ petition holding that the petitioner had no locus standi.
4. The reliance of the learned counsel on Chairman, Railway Board and others v. Chandrima Das (Mrs.) & others, 2000(2) SCC 465 is misplaced inasmuch as in that case the writ petition had been filed in public interest where it was found on facts that the affected person was not in a position to approach the court for the redressal of her grievances.
5. There is no merit in this petition which is accordingly dismissed.
6. Petition dismissed.
Advocates List
For the Petitioner U.R. Lalit, Sr. Advocate, Sunil Kumar, Mukti Singh, Sunil Kr. Singh, Niranjana Singh, Advocates.
For Petitioner
- Shekhar Naphade
- Mahesh Agrawal
- Tarun Dua
For Respondent
- S. Vani
- B. Sunita Rao
- Sushil Kumar Pathak
Bench List
HON'BLE MR. JUSTICE K.T. THOMAS
HON'BLE MR. JUSTICE R.P. SETHI
Eq Citation
2001 -3-LW 228
2001 -3-LW 229
[2001] 2 SCR 1196
(2001) 4 SCC 734
AIR 2001 SC 1739
(2001) 2 UPLBEC 1332
2001 (1) OLR 612
2001 (3) PLJR 47
2001 (2) RCR (CIVIL) 612
2001 (2) RCR (CRIMINAL) 434
2001 -2-LW (CRL) 727
JT 2001 (4) SC 506
2001 (2) UJ 1163
2001 (3) SCALE 376
(2001) SCC (CRI) 806
2001 ALJ 932
2 (2001) CCR 141
2001 (2) CTC 504
LQ/SC/2001/1008
HeadNote
Constitution of India — Arts. 226 and 32 — Locus standi — Advocate representing accused persons in three of such transferred cases filing a writ petition in High Court praying for quashing of the said order — Held, generally speaking a person shall have no locus standi to file a writ petition if he is not personally affected by the impugned order or his fundamental rights have neither been directly or substantially invaded nor is there any imminent danger of such rights being invaded or his acquired interests have been violated ignoring the applicable rules — The relief under Art. 226 is based on the existence of a right in favour of the person invoking the jurisdiction — The exception to the general rule is only in cases where the writ applied for is a writ of habeas corpus or quo warranto or filed in public interest — It is a matter of prudence that the court confines the exercise of writ jurisdiction to cases where legal wrong or legal injury caused to a particular person or his fundamental rights are violated and not to entertain cases of individual wrong or injury at the instance of third party where there is an effective legal aid organisation which can take care of such cases — Even in cases filed in public interest the court can exercise the writ jurisdiction at the instance of a third party only when it is shown that the legal wrong or legal injury or illegal burden is threatened and such person or determined class of persons is by reason of poverty helplessness or disability or socially or economically disadvantaged position unable to approach the court for relief — Advocates Act, 1961 — S. 30 — Practice and Procedure — Locus standi