Supreme Court of India · 1960-02-26
SAHIBZADA SAIYED MUHAMMEDAMIRABBAS ABBASSI & OTHERS vs THE STATE OF MADHYA BHARAT& OTHERS
- Citation / case number
- SC 1956/36
- Court
- Supreme Court of India
- Petitioner
- SAHIBZADA SAIYED MUHAMMEDAMIRABBAS ABBASSI & OTHERS
- Respondent
- THE STATE OF MADHYA BHARAT& OTHERS
- Author
- SINHA, BHUVNESHWAR P.(),IMAM, SYED JAFFER,SARKAR, A.K.,WANCHOO, K.N.,SHAHC.
- Bench
- SINHA, BHUVNESHWAR P.(CJ),IMAM, SYED JAFFER,SARKAR, A.K.,WANCHOO, K.N.,SHAH, J.C.
Judgment text excerpt
The Supreme Court dismissed a petition under Article 32 of the Constitution, asserting that it can only enforce fundamental rights guaranteed by Part III. The Court held that since the petitioner's alleged right did not exist due to a prior competent court's decision, there was no infringement to protect. The Court clarified that claims of denial of equality before the law cannot be made against judicial decisions and that an order rejecting special leave under Article 136 cannot be circumvented by an Article 32 petition.