The superior court said that the superior courts have all the power to repeal the central laws, such as the epidemic law.
New Delhi:
On Tuesday, the Supreme Court refused to admit a plea challenging the constitutional validity of the Law against the epidemic and questioned the petitioner why he has not moved the higher court in this regard.
The higher court said that the higher courts have all the power to override central laws, such as the Epidemic Law, and the petitioner must go there first.
“What kind of petition have you filed, Mr. Mirashi (petitioner)? Doesn’t the Bombay High Court have to challenge the Anti-Epidemic Law? The high court has jurisdiction to repeal the Central Law,” said a court headed by the judge DY Chandrachud. petitioner HN Mirashi.
“Why can’t you go to the superior court? You withdraw it from here and present it to the superior court,” said the court, also made up of judges Indu Malhotra and Indira Banerjee.
The higher court noted that the petitioner’s claim that higher courts do not have the power to repeal a central law is “totally wrong.”
“The higher court has all the powers to do this,” the court told the petitioner who had raised issues related to the Maharashtra government’s COVID-19 quarantine policy.
After the court said it was unwilling to accept the petition, the petitioner withdrew it.
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