Allahabad HC: Statutory Alternative Remedy cannot be By-passed citing Physical Inability when Digital Channels available

Allahabad High Court Digital Law Insider

Mitali Palnitkar

Published On: February 07, 2022 at 16:25 IST

The Allahabad High Court dismissed a Writ Petition where the Petitioner had by-passed the Statutory Alternative Remedy by stating his physical inability to approach the Supreme Court. The High Court opined that the Petitioner could opt for an alternate channel by using telecommunication and digital technology.

The Bench comprised of Justice Anjani Kumar Mishra and Justice Vikram D Chauhan. The Petitioner, who is an ex-army man, filed a Writ Petition under Article 226 of the Constitution challenging an August 2021 Order passed by Armed Forces Tribunal, Lucknow in relation to his pension and other dues.

The Respondents questioned the maintainability of the Writ Petition as the Petitioner could file an Appeal under Sections 30 and 31 of the Armed Forces Tribunal Act, 2007. But the Petitioner stated that though there was an alternative remedy, due to his pitiable condition the remedy was not efficacious in his Case and he filed an instant Writ Petition.

The Court observed that the Petitioner had not provided any medical certificate or any document to demonstrate his physical inability to approach the Supreme Court. It also pointed out that the Petitioner had contested the Litigation before Armed Forced Tribunal, Lucknow even though he was residing at Allahabad.

The Court emphasized,

“Various measures have been taken by the Apex Court for enabling the citizens to get justice at doorstep and the distance between the citizen and the Apex Court is of no consequence as a result of the digital process.”

The Court did not find an appropriate reason for by-passing the Statutory Alternative Remedy. Therefore, it dismissed the Writ Petition.

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