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Violation of fundamental rights (article 32 & 226)

Where should an aggrieved person go first in case of violation of his fundamental rights, HC or SC and why?

Comments

  • he can go straight to SC if he wishes so. He can also go to the HC.
  • Thanks, I was confused because a sentence in laxmikant page 7.18, 6th paragraph "However, the supreme Court has ruled that where relief through high court is available under article 226, the aggrieved party should first move the high Court. "
  • Should first move to hc because then the party will have more options.
    Saw the passion in my vulnerabilities? Now see the strength in my resolution.
  • Kuber1993 said:

    Thanks, I was confused because a sentence in laxmikant page 7.18, 6th paragraph "However, the supreme Court has ruled that where relief through high court is available under article 226, the aggrieved party should first move the high Court. "

    yes, in many cases, SC has itself asked the aggrieved party to go to HC . "should" is the word in the judgement you mentioned. Acc to constitution, one can move either to SC or HC in case of violation of FRs.
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