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Browse Law School Education Constitutional Law Discussion on the Sabarimala Case

Prashant Padmanabhan: So was there any appeal against the High Court judgment?

No there was no … as far as I know there was no appeal and that judgment was accepted at that time by everybody.

Charu Mathur: Right.

Prashant Padmanabhan: And there was an argument when the Indian Young Lawyers Associations writ petition came before five-judges’ Bench; there was an argument that there is already an High Court judgment under 226, so you can’t file a writ petition under 32 for this very same ruling. You have to either file a SLP and otherwise it is final. So to which the Justice Rohinton Nariman says of course if there is an order by the High Court under 226, you can’t file another 32 petition for the same ruling. But the Supreme Court can overrule and five-judges’ Bench can overrule a three-judges’ Bench. It can always be deferred with the High Court and this is a PIL matter concerning so many rights and the interpretation of fundamental rights are involved, and the PIL jurisdiction is more wider than the normal ordinary cases. Therefore, we are recalling this objection and we are proceeding with the case.

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