SC terms denial of justice denial of human rights

New Delhi, May 2 (UNI) The Supreme Court has held that the right to access to justice is a human right and denial of the same amounts to denial of human rights.

The ruling was handed down by a Bench, comprising Justices S B Sinha and Markandey Katju, while permitting the petitioner Arunima Baruah, whose writ petition was earlier dismissed by the High Court for supressing the material facts from the court, to file a fresh writ petition in the Delhi High Court.

Ms Baruah was an employee of the Indian Council for Child Welfare. Her services were terminated without complying with the principle of natural justice. She filed a suit in the district court but was not granted interim relief.

During the pendency of the suit, Ms Baruah filed a writ petition in the High Court without disclosing the fact that a civil suit was already pending in the matter. The High Court dismissed her petition as well as appeal on the grounds of concealment of facts.

The apex court in its judgement ruled '' on the one hand judicial review is a basic feature of the constitution, on the other it provides for a discretionary remedy. Access to justice is a human right. The court should refuse to exercise discretionary jurisdiction only when supression is of a material fact. If the fact supressed is not material for determination of the lis between the parties, the court may not refuse to exercise its discretionary jurisdiction. It is also trite that a person invoking the discretionary jurisdiction of the court cannot be allowed to approach it with a pair of dirty hand. But even if the said dirt is removed and the hands become clean, whether the relief would still be denied is the question.'' The court, while noting that refusal to grant relief to a person who comes with a genuine grievance in an arguable case should be given a hearing, upheld the judgement of Delhi High Court dismissing Ms Baruah's petition.

It, however, directed that the same shall not operate as a res judicata and if the appellant files a fresh writ petition disclosing all the relevant facts the same may be considered on its own merit as she will be approaching the court with a pair of clean hand.

The Court, while hearing in the case will keep in mind the concept of human right of the appellant to access to justice and also the fact that judicial review is a basic feature of the constitution of India.

UNI