The Supreme Courtroom on Tuesday refused to entertain a plea difficult the constitutional validity of the Epidemic Act and questioned the petitioner as to why he has not moved the excessive courtroom on the problem.
The apex courtroom stated excessive courts have all the ability to strike down Central Acts, just like the Epidemic Act, and the petitioner ought to go there first.
“What sort of petition you’ve got filed Mr Mirashi (petitioner). Do not you’ve got the Bombay Excessive Courtroom to problem the Epidemic Act? The excessive courtroom has jurisdiction to strike down the Central Act,” a bench headed by Justice D Y Chandrachud advised petitioner H N Mirashi.
“Why cannot you go to the excessive courtroom? You withdraw it from right here and file in excessive courtroom,” stated the bench, additionally comprising Justices Indu Malhotra and Indira Banerjee.
The apex courtroom noticed that the rivalry of petitioner that top courts would not have the ability to strike down a Central Act is “completely misconceived”.
“The excessive courtroom has all of the powers to do that,” the bench advised the petitioner who had raised situation relating to COVID-19 quarantine coverage of the Maharashtra authorities.
After the bench stated it’s not inclined to entertain the plea, the petitioner withdrew it.