Supreme Court declines an Article 32 petition and directs the petitioner to the High Court first
13 October 2026
On 13 October 2026 the Supreme Court dismissed a petition filed under Article 32 in Waiz Khan v. State of Uttar Pradesh and Ors., Diary No. 42099/2026.
The bench of Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V Mohana gave the petitioner liberty to approach the Allahabad High Court.
The petitioner said Uttar Pradesh Anti-Terrorist Squad personnel entered his house without proper uniform or identification, although no criminal proceedings were pending against him.
The order recorded: no case to entertain the petition made out, dismissed, and the petitioner if so advised may approach the High Court.
Justice Bagchi observed that Articles 32 and 226 overlap in their jurisdiction over breaches of fundamental rights, and that the court of first instance should take cognizance of such violations.
When counsel cited DK Basu v. State of West Bengal, Justice Bagchi said that case treats the High Court as the appropriate forum for a person claiming illegal arrest.
In plain words
Article 32 — It lets a person move the Supreme Court directly for enforcement of fundamental rights.
Article 226 — It gives every High Court the power to issue writs, including for fundamental rights.
ATS Anti-Terrorist Squad — A specialised police unit of a State government for terrorism-related investigation.