Supreme Court of India · 2014-05-09
Subrata Chattoraj vs Union Of India & Ors
- Citation / case number
- AIR 2014 SC (CRIMINAL) 1376
- Court
- Supreme Court of India
- Petitioner
- Subrata Chattoraj
- Respondent
- Union Of India & Ors
- Author
- T.S. Thakur
- Bench
- C. Nagappan, T.S. Thakur
Judgment text excerpt
The Supreme Court reaffirmed the power of judicial review under Articles 32 and 226 of the Constitution, emphasizing that this power is a basic feature of the Constitution. The Court held that it is within the jurisdiction of the High Courts and the Supreme Court to direct the transfer of investigations from State Police to the CBI under the Delhi Special Police Establishment Act, thereby protecting citizens' fundamental rights. The judgment clarified that judicial review cannot be ousted or abridged, and the courts can issue appropriate writs to enforce fundamental rights.