With all due respect, but Hon'ble Judges could have used the power vested upon the HC u/a 226 and granted relief to Arnab.
The order in the case of Maharashtra chess association vs. Union of India (2019) observes as below :
The SC bench of Dr. DY Chandrachud & Indira Bannerjee:
The order in the case of Maharashtra chess association vs. Union of India (2019) observes as below :
The SC bench of Dr. DY Chandrachud & Indira Bannerjee:
1. Mere existence of alternate remedy does not create a bar on high courts writ jurisdiction.
2.The existence of alternate remedy whether adequate or not does not alter the fundamentally discretionary nature of the High Courts Writ Jurisdiction...
2.The existence of alternate remedy whether adequate or not does not alter the fundamentally discretionary nature of the High Courts Writ Jurisdiction...
... and therefore does not create an absolute legal bar on the exercise of the Writ jurisdiction by a High Court.
3. The intention behind this self imposed rule is clear.If the HC were to exercise their writ jurisdiction so widely as to regularly override statutory appellate..
3. The intention behind this self imposed rule is clear.If the HC were to exercise their writ jurisdiction so widely as to regularly override statutory appellate..
...procedures, they would themselves become inundated with a vast number of cases to the detriment of the litigants in those cases.
4.The mere of existence of alternate forum where the aggrieved party may secure relief does not create a legal bar on a HC to exercise it's writ...
4.The mere of existence of alternate forum where the aggrieved party may secure relief does not create a legal bar on a HC to exercise it's writ...
... Jurisdiction. It is a factor to be taken into consideration by the High Court amongst several factors.
The above judgement can be inferred in Arnab's case, that, just because section 439 was available as alternate remedy, it hadnt barred the Hon'ble HC from giving the bail.
The above judgement can be inferred in Arnab's case, that, just because section 439 was available as alternate remedy, it hadnt barred the Hon'ble HC from giving the bail.
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