PREM CHAND GARG vs EXCISE COMMISSIONER, U. P., ALLAHABAD

The Supreme Court ruled that Rule 12 of Order XXXV of the Supreme Court Rules, which requires petitioners to furnish security for the costs of the respondent in writ petitions under Article 32, is invalid. The Court held that the right to move the Supreme Court under Article 32 is absolute and cannot be impeded by such a requirement, as it contravenes the fundamental rights guaranteed by Part III of the Constitution. The Court emphasized that neither Article 142(1) nor Article 145 empowers the Supreme Court to contravene Article 32.