The supreme court bench of Justices DY Chandrachud, Indu Malhotra and Indira Banarjee asked the petitioner to withdraw a writ petition filed challenging the constitutional validity of the Epidemics Act and asked to approach the concerned HC.
Justice DY Chandrachud asked the petitioner-in-person i.e. Harshal Mirashi that – “what kind of writ petition have you filed? Don’t you have something called the High Court of Judicature of Bombay?”
The contentions of petitioner counsel was that he is challenging the Act which is a central Act and its order dated March 15.
The bench told the petitioner when he sought a direction in that behalf for approaching the High Court that- “Why should we direct? You should approach the appropriate authority as per law. That would mean the Supreme Court felt there is something in the petition. But your contention regarding it being a central Act is misconceived. Every High Court in the country has the power to strike down a law for being in the teeth of Article 245, 246 or Part III of the Constitution of India.”. SC also told him that he HCs also have jurisdiction in respect of central Act, you don’t have to come to SC for everything.
The court also said to the petitioner that- “efficacious and alternative remedy exists before the High Court under A. 226” and granted him permission to withdraw.
