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Home Politics Supreme Court Refuses To Entertain Plea Challenging Validity Of Epidemic Act

Supreme Court Refuses To Entertain Plea Challenging Validity Of Epidemic Act

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New Delhi: The Supreme Court on Tuesday rejected to entertain a plea challenging the constitutional validity of the Epidemic Act and suggested the petitioner that High Court can be moved on the issue, as they also have powers to strike down central Acts.

A bench comprising Justice DY Chandrachud Justices Indu Malhotra and Indira Banerjee asked the petitioner, “What kind of petition you have filed, don’t you have the Bombay High Court to challenge the Epidemic Act?”

The petitioner argued that the petition was filed in the apex court, since it is the only court that can strike down a central law.

Chandrachud replied that the petitioner should read up on the powers of the High Courts under Article 226.

“If you go to the library on the second floor or the one on the ground floor of the Delhi High Court, and peruse a book called D.D. Basu’s shorter Constitution, you will find that the High Courts have the power”, the bench told the petitioner HN Mirashi.

The bench asked the petitioner to withdraw the petition from the top court and move the concerned High Court.

The petitioner had raised contention regarding quarantine issue in Maharashtra.

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