Why This Step-Motherly Treatment To Article 226 Jurisdiction?: CJI Surya Kant On Runaway Couple Plea Before Supreme Court

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Today, On 20th March, The Chief Justice of India asked the lawyer to move the Delhi High Court after a runaway couple’s protection plea was mentioned before the Supreme Court of India. He questioned, “Why this step-motherly treatment to Article 226 jurisdiction?”

A plea for protection by a runaway couple was mentioned before the Supreme Court, with the bench directing the lawyer to approach the Delhi High Court for appropriate relief.

The attorney, who said she had found the young pair in the Supreme Court parking lot, told the court the couple had come to the apex court after being influenced by social media reels and mistakenly believed they could marry on the premises and obtain immediate protection from the Chief Justice of India.

According to the counsel, the couple feared serious harm, alleging their parents intended to punish them severely because of their relationship.

A bench of Chief Justice Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi asked the lawyer to move the high court with the petition.

The lawyer added that she had accompanied the couple to Tilak Marg Police Station to seek help, but alleged that the police tried to detain them instead of providing protection.

Responding to the mention, the CJI asked why litigants bypass the jurisdiction of High Courts in such matters.

The CJI asked, adding that High Courts are empowered to deal with such pleas,

“Why this step-motherly treatment to Article 226 jurisdiction”

Noting his experience as a former judge of the Punjab and Haryana High Court, the CJI said he had handled many similar cases and observed that if the High Court does not grant relief, the parties are free to approach the Supreme Court.

The bench also said it would liaise with the Registrar (Judicial) of the relevant High Court to ensure the matter receives appropriate consideration.

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