PROCEDURE FOR FILING WRIT PETITION BEFORE HIGH COURT / SUPREME COURT
The writ petition, for the violation of fundamental rights, can be filed either in the High Courts or in the Supreme Court. Under Article 32, a person can file a writ petition in the Supreme Court for the violation of his/her fundamental rights.
Under Article 226, a person can move to the High Courts to file a writ petition when there is a violation of his/her fundamental rights. It should be noted that the authority against whom the writ petition is filed has to be present within the territory of India, otherwise, the petition has no value.
When a person’s fundamental rights are infringed, he can move to either of the courts. It is not necessary to first move to the High Court and then to the Supreme Court.
To file a writ petition in either of the courts, a specific procedure needs to be followed:
- The aggrieved party has to approach a particular organization with necessary documents like identity proof, residential proof, photographs etc.
- Then there is the drafting of the petition with help of a lawyer. The draft includes the name and address of the aggrieved party along with the facts that lead to the violation of his/her fundamental rights.
- After this process, the draft of the petition is sent to the court.
- Then the date of hearing will be set and on this date the court accepts the petition and generates a notice to the other party. After this, a date is given to assure the presence of both the parties.
- Finally, after hearing both the parties, the court gives judgement and grants relief accordingly.