This is not Moot Court? Supreme Court Dismisses Frivolous Petition filed by a Law Student

The Supreme Court, on Friday, dismissed a writ petition filed by a law student (final year) and expressed displeasure as he had filed the petition without understanding the scope of Article 32 of the Indian Constitution. In his plea, the petitioner had stated that there is a violation of citizens’ right to vote.

At the outset, the Bench of Justices L Nageswara Rao and Justice BR Gavai questioned the petitioner, who appeared in person about the scope of Article 32. The student replied that Article 32 is for Writ Petition and for the original jurisdiction of the Apex Court.

The Bench asked the petitioner who advised him to file the petition and the petitioner replied that no one advised him and he did his own research. The Bench said he had not done proper research and asked what right has been violated.

The petitioner submitted that the right to vote of citizens has been violated and the Bench asked the petitioner where he had learned that the right to vote is a fundamental right. The Bench clarified that the Court can only entertain a petition under Article 32 if there is a violation of fundamental rights.

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After hearing the submissions of the petitioner, the Bench decided to dismiss the petition and warned the student proceedings before the Supreme Court is not a Moot Court Competition and told him that the Court would have imposed huge costs but as the petitioner is a student the court showed leniency.

Lastly, the Court remarked that the petitioner had filed the plea so that his name could appear in the newspapers and asked the petitioner not to repeat the mistake.

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