Supreme Court of India · 2006-07-24
Om Prakash Srivastava vs Union Of India And Anr
- Citation / case number
- AIR 2007 SC (SUPP) 1834
- Court
- Supreme Court of India
- Petitioner
- Om Prakash Srivastava
- Respondent
- Union Of India And Anr
- Author
- Arijit Pasayat
- Bench
- Arijit Pasayat, Altamas Kabir
Judgment text excerpt
The Supreme Court held that the Delhi High Court had jurisdiction to entertain the writ petition under Article 226(2) of the Constitution of India, which allows any High Court to issue writs if the cause of action arises within its territorial limits. However, the Court upheld the Delhi High Court's decision to decline jurisdiction, stating that the grievances could be more effectively addressed by the Allahabad High Court, particularly regarding the conditions of prisoners in Uttar Pradesh. The Court emphasized the importance of the location of the cause of action in determining jurisdiction under the Extradition Act, 1962, specifically Section 21.