Anil Kumar Alias Anil Baba vs Union of India – Art. 32 Constitution – Arnesh Kumar judgment & SC-ST Act

Constitution of India, 1950 ; Article 32 – Assuming that a High Court has passed an erroneous order, the remedy does not lie under Article 32 of the Constitution. Such an order can be subjected to judicial review of this Court through appropriate proceedings initiated by an aggrieved person. (Para 5)

Summary: Writ Petition seeking a declaration that the dictum in Arnesh Kumar vs. State of Bihar, (2014) 8 SCC 273, shall not be applicable in the cases registered under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 – Dismissed – Writ Petition is wholly misconceived and misdirected – if the principles enunciated in Arnesh Kumar’s case (supra) have been erroneously applied by a court, the complainant/victim in such a case can seek redressal of his grievance before an appropriate forum. No blanket prohibitory order restraining the High Courts from applying Arnesh Kumar’s case (supra) can be issued by this Court.