Research › Browse › Judgment

Supreme Court of India · body

1986 DIGILAW 429 (SC)

Ramesh Kumar Sharma v. State Of Punjab

1986-09-29

A.P.SEN, B.C.RAY

body1986
(1) WE are inclined to think that the petition filed by the appellants before the High court under Article 226 of the Constitution did raise questions which deserved a hearing on merits. The High court therefore was not justified in dismissing the writ petition in limine. We are therefore constrained to grant special leave and remit the matter to the High court for a decision afresh. (2) ACCORDINGLY, the appeal is allowed. The judgment and order of the High court are set aside and the High court is directed to hear the writ petition on merits after notice to the parties. The hearing of the writ petition be expedited.