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& #39;s case method of arrest was illegal, arrest was illegal +
In Arnab& #39;s case method of arrest was illegal, arrest was illegal +
court& #39;s view was on record that no permission has been sought by the police for investigation in a closed matter. The Hon& #39;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& #39;ble Court instead of rising to the occasion to serve its purpose, acted as one of the Machinery of the state.