Category Archives: Art. 226

Can Supreme Court or High Court order any PRIVATE individual to do something? My answer is no. Reasons->

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Supreme Court in India has under Art.32 and High Courts have powers under Art 226 to issue orders (i. e. Writ of Mandamus).

But such writs/orders can be only issued to Govts, Govt bodies or Authorities covered under Art.12 of the Constitution of India.

Such orders cannot be issued to private individuals, or private bodies unless they are aided by Govts or govt bodies with State funds.

If they are violating any laws, SC or HC can direct concerned authorities to take steps in accordance with law.

But they have no powers to issue such writs or orders to private individuals to do or not to do a particular act.

This is my academic and personal view. You must consult and seek advice of an advocate, before applying this information to real situations.

Haresh Raichura
25/3/2013

In UP, even if there is no provision for anticipatory bail, a party can approach HC with 226 petition to seek protection in event of arrest.

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This I heard, during conversation in a case in Supreme Court.

Counsel was arguing that since There is no provision for anticipatory
Bail in UP, his client has filed 482 petition in HC, which is rejected by HC.

Counsel said that he only wants protection that his client may be granted bail in event of arrest by police, since there is no provision of anticipatory bail in UP.

One Judge said, in that case, even if there is no provision of Anticipatory Bail in Cr PC in UP, even than HC can grant relief in a petition under Art. 226 in the nature of anticipatory bail.

Haresh Raichura
1/3/2013