CJI B.R. Gavai said, “Petitioner may seek remedy before HC under Article 226,” while refusing to entertain a plea on attempts to destroy the minority character of Sam Higginbottom University. The Court added, “Petition under Art. 32 not maintainable here.”
New Delhi: The Supreme Court on Thursday refused to entertain a petition filed under Article 32 of the Constitution which alleged that there were attempts to destroy the minority character of Sam Higginbottom University of Agriculture, Technology and Sciences in Prayagraj.
The petitioner had claimed that miscreants had installed idols inside the office of the Dean and the police failed to take any action despite repeated complaints.
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A Bench headed by Chief Justice of India B.R. Gavai observed that the plea could not be entertained directly under Article 32 and advised the petitioner to first approach the High Court.
The CJI said,
“Petitioner may seek remedy before HC under Article 226.”
During the hearing, Senior Advocate Siddharth Dave, appearing for the petitioner, argued that the university’s minority status was being systematically targeted and that the authorities had remained silent.
He submitted that the police did not act when idols were installed inside the Dean’s office of the minority institution.
He said,
“police failed to act against miscreants who installed idols inside the Dean’s office of the minority institution.”
The CJI, however, reiterated that the Supreme Court cannot be approached directly in such cases through Article 32 and suggested that the petitioner should first exhaust remedies available before the High Court.
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The Chief Justice noted,
“Petition under Art. 32 not maintainable here.”
With these observations, the Supreme Court disposed of the matter, granting the petitioner liberty to move the jurisdictional High Court under Article 226 of the Constitution.
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