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2006 Supreme(SC) 657

ARIJIT PASAYAT, ALTAMAS KABIR
Om Prakash Srivastava – Appellant
Versus
Union of India – Respondent


Judgement Key Points

Certainly. Based on the provided legal document, here are the key points:

  1. The jurisdiction of a High Court under Article 226 of the Constitution of India depends on whether the cause of action, wholly or in part, arises within the territorial limits of that High Court. The High Court can issue directions, orders, or writs for the enforcement of fundamental rights or for other purposes if this condition is met, regardless of the residence of the person or the seat of the government involved (!) .

  2. The term "cause of action" is a well-established legal concept, meaning every fact necessary to support a right to obtain a judgment. It includes all facts that must be proved to establish the claim, and it is not limited to the infringement of rights alone but also includes the circumstances that form the infraction of the right (!) .

  3. In cases where a writ petition is filed, the question of jurisdiction hinges on whether any part of the cause of action has arisen within the territorial jurisdiction of the High Court. Merely suggesting that another High Court could deal more effectively with the matter does not automatically confer jurisdiction or negate the original court's jurisdiction (!) .

  4. The exercise of jurisdiction by a High Court under Article 226 is not dependent on the location of the government or authority involved but is primarily based on where the facts constituting the cause of action have arisen. This ensures that courts can address grievances effectively within their territorial limits (!) (!) .

  5. The legal definition of "cause of action" encompasses the entire set of facts that give rise to a legal claim, including those necessary to establish the infringing act and the right claimed. It is a comprehensive concept that supports the maintenance of a suit or petition in a court of law (!) (!) .

  6. When a High Court considers whether it has jurisdiction, it must examine whether the facts supporting the claim or grievance have a sufficient connection to its territorial jurisdiction, rather than relying solely on the convenience or perceived effectiveness of another court (!) .

  7. The doctrine emphasizes that jurisdiction is based on the origin of the facts constituting the cause of action, and courts should not dismiss or dismissively refer cases to other jurisdictions solely on the basis of efficiency or better suitability, unless the cause of action itself falls outside their territorial limits (!) .

These points collectively clarify the principles regarding territorial jurisdiction of High Courts under Article 226, especially emphasizing the importance of the origin of facts constituting the cause of action in determining jurisdiction.


JUDGMENT

Arijit Pasayat, J. — Leave granted.

2. Appellant calls in question legality of the order passed by a learned Single Judge of the Delhi High Court disposing of the Writ Petition (W.P. (Crl.) No.201/2005) filed by the appellant holding that the Allahabad High Court would have also jurisdiction to deal with grievances of the writ petitioner and can deal with conditions of prisoners in that State more effectively, though the Delhi High Court may have jurisdiction.

3. Background facts sans unnecessary details are as follows:

Appellant had filed a Writ Petition before the Delhi High Court taking the stand that he was being tried in several cases contrary to the extradition decree. Appellant came to India by way of extradition from Singapore. Presently, the appellant was facing trial in eight cases which is in complete violation of the provisions of Section 21 of the Extradition Act, 1962 (in short the Extradition Act). He had also pleaded that he was being kept in solitary confinement without proper medical aid in the Central Jail in the State of U.P. It is to be noted that the appellant had filed the Writ Petition (Crl.) No.54 of 2005 before this Court which was withdrawn by him i


























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