viceman verses: 2009-05-22

THE RESULT
OF
MONTHS OF TOIL

please click on the image above for a full page view
a link to the original writ petition is available at the end of this page

HOPE FOR THE BEST
and
PREPARE FOR THE WORST
and hence

THE REVIEW PETITION

here is the

SYNOPSIS

08 may 2009: at the preliminary hearing of WP no. 187 of 2009 a writ petition under article 32 of the constitution of india the Hon'ble supreme court orders that the petitioner should move the concerned high court and disposes of the petition.

The petitioner's humble feeling is that the above orders are in contravention of his undamental rights vide clause (1) of article 32 of the constitution of India.

The Indian constitution unambiguously “guarantees” the petitioner the right to move the Supreme court for enforcement of his fundamental rights vide clause (1) of article 32.

If at all the parliament has by law empowered any other court, and that includes the kerala high court, in this regard it is without prejudice to and not in lieu of the powers conferred on the supreme court – ref. Clause (3) of article 32.

In view of the above the petitioner is seeking appropriate reliefs from the Hon'ble Supreme Court through this review petition.

sd.

( Cheriyath Jyothi )
Petitioner

more details

IN THE SUPREME COURT OF INDIA
ORIGINAL JURISDICTION
REVIEW PETITION No.774 of 2009
in

CIVIL WRIT PETITION NO. 187 of 2009

IN THE MATTER OF

Cheriyath Jyothi
House No. 14 (ground floor)
Surya Nagar, Nettayam P.O.,
Thiruvananthapuram, PIN-695013 : petitioner

Versus

1. The Union of India
The Cabinet Secretary,
Government of India,
Rashtrapati Bhavan,
New Delhi 110004.

: Respondents

2. The State of Kerala
The chief secretary,
Government of Kerala
Govt secretariat,
Trivandrum – 695001

REVIEW PETITION
UNDER ARTICLE 137 OF THE CONSTITUTION OF INDIA

FACTS OF THE CASE

The above named petitioner begs to submit as follows:

1. The civil writ petition no.187 of 2009 filed by the petitioner under article 32 of the constitution of India was disposed of by the Hon'ble Supreme Court at the preliminary hearing as item no.61 in court no.2 on may 08, 2009 with the direction that the petitioner should move the concerned high court by filing appropriate writ application. ( please click on the picture above to get a full size image of the orders)

2. Aggrieved by the above decision the petitioner is most humbly seeking review of the above orders.

GROUNDS

A. The petitioner most humbly begs to invite the kind attention of the Hon'ble court to para D. ( page 41 - 42) of the original writ petition WP no.187 of 2009 wherein a jarring example of the petitioner's extremely unfortunate experiences in the Kerala High Court in the recent past finds mention. The petitioner was being denied equality before law and has strong reason to believe that he was not even being recognized as a person before the law and as such had preferred a writ petition in the Supreme Court of India. ( and i had invoked article 14 of the constitution in the above writ application)

B. The petitioner would now beg the Hon'ble Court's permission to quote from the constitution of India --> part III, fundamental rights --> Rights to constitutional remedies --> article 32. remedies for enforcement of rights conferred by this Part ( viz. Part III , fundamental rights).

i ) Clause (1) of article 32 of the constitution of India states that “The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed".

The indian constitution guarantees the petitioner the right to move the supreme court for enforcement of his fundamental rights. The term used is “guaranteed” and leaves no place for ambiguity of any sort.

ii ) Clause (3) of Article 32 of the constitution of India states that “without prejudice to the powers conferred on the Supreme Court by clauses (1) and (2) , Parliament may by law empower any other court to exercise within the local limits of its jurisdiction all or any of the powers exercisable by the supreme court under clause (2)”

If at all the parliament has by law empowered any other court, and that includes the Kerala high court, in this regard it is without prejudice to and not in lieu of the powers conferred on the supreme court.

iii) In view of the above the petitioner's humble submission is that it is the solemn right of the petitioner to be heard by the Hon'ble supreme court of India on the matter of his writ petition No. 187 of 2009 for enforcing his fundamental rights under article 32 of the constitution of India.

PRAYER

In the above premises, it is prayed that this Hon'ble Court may be pleased to review the above proceedings and ensure that justice is done and will be done.

Dated this the 13th day of May 2009

sd.
( Cheriyath Jyothi )
Petitioner