A petitioner who says UP ATS personnel entered his house without proper uniform or identification has been told by the Supreme Court to take the grievance to the Allahabad High Court first; the allegations are untested.
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New Delhi: Declining to entertain a petition under Article 32 of the Constitution, the Supreme Court on October 13, 2026 noted that the petitioner had not first gone to the Allahabad High Court and left him free to do so. The petition alleges that personnel of the Uttar Pradesh Anti-Terrorism Squad (ATS) entered the petitioner’s house without proper uniform or identification [Waiz Khan v. State of Uttar Pradesh and Others]. The allegations are the petitioner’s, the Court has expressed no view on their merits, and the State’s version was not reported.
The petition, registered as Diary No. 42099/2026, was heard by a Bench of Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V Mohana. The report did not name the petitioner’s counsel.
The order in a line
As quoted, the Chief Justice’s order reads:
“no case to entertain the petition made out. Dismissed. The petitioner if so advised may approach the High Court”
Justice Bagchi remarked that the jurisdictions under Articles 32 and 226 overlap where fundamental rights are violated, and that such claims should usually be heard first by the court of first instance. Citing D K Basu v. State of West Bengal, he added that a person who says he was illegally arrested should generally approach the High Court.
What the petitioner alleged
According to the petition, ATS personnel came into his house without wearing proper uniform and without showing any identification. The petition also stated that no criminal proceedings were pending against him.
What the dismissal leaves open
Going straight to the Supreme Court under Article 32 is not the default route for a complaint of police excess in a particular State, the order is a reminder. It does not decide whether the alleged entry took place or was lawful, and the petitioner remains free to raise the same grievance before the Allahabad High Court.
Case Title: Waiz Khan v. State of Uttar Pradesh and Others [Diary No. 42099/2026]
Bench: Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V Mohana, Supreme Court of India
Date of Order: October 13, 2026