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Report No. 58

Statistic regarding institution and disposal of petitions

4.12. The number of petitions1 pertaining to writ jurisdiction of the Supreme Court, pending at the close of three years (1969, 1970 and 1971) was as follows:-

(a) Number of Appeals at the opening of the year 181 248 288
(b) Number of appeals instituted during the year 538 656 469
(c) Number of appeals disposed of during the year 471 616 396
(d) Number of appeals pending at the end of the year 248 288 361
(e) Petitions dismissed in limine during the year 192 362 219

Note:- Figures of column (e) are also included in the figures of column (c). No change recommended

1. Statement No. S-5.

4.13. Having regard to the very significant role which Article 32 is intended to play in the enforcement of fundamental rights conferred on citizens by Part III, it would, we think, be inappropriate to seek to introduce any limitation in the exercise of the Court's jurisdiction under this Article in respect of disputed questions of fact. It is true that sometimes, the Court may find it inexpedient to decide disputed questions of fact on affidavits. In such cases, the Court may adopt any of the alternative courses to which the Chief Justice has referred in K.K. Kochini v. State of Madras,1 In any case, this is a matter which must be left to the discretion of the Court, and it would be unwise and unreasonable to seek to introduce any limitation on the exercise of citizen's right to move the Supreme Court under Article 32 even though the decision of the petition may raise a disputed question of fact.

1. Para. 4.6, supra.

Structure and Jurisdiction of the Higher Judiciary Back

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