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Doctrine of Alternate Remedy is not a creation of legislators but a rule of prudence imposed by Courts on themselves. It cannot be used to strangulate the substantive rights of an individual.
Constitution is reduced to just a mere book.
Constitution is reduced to just a mere book.
When an alternate statutory right is available to the Petitioner, then the court rejects the writ, even it has a prima facie merit. The exception to this rule are such cases in which fundamental rights are raised.
In Arnab's case method of arrest was illegal, arrest was illegal +
In Arnab's case method of arrest was illegal, arrest was illegal +
court's view was on record that no permission has been sought by the police for investigation in a closed matter. The Hon'ble knew about Mumbai Police pressurising HANSA to give evidence against Arnab. +
A blind man could see that the state machinery is being used to settle scores. The Hon'ble Court instead of rising to the occasion to serve its purpose, acted as one of the Machinery of the state.
