SC refuses to entertain plea difficult constitutional validity of Epidemic Act

New Delhi, November 17

The Supreme Court on Tuesday refused to entertain a plea challenging the constitutional validity of the Epidemic Act and questioned the petitioner as to why he has not moved the high court on the issue.

The apex court said high courts have all the power to strike down Central Acts, like the Epidemic Act, and the petitioner should go there first. 

“What kind of petition you have filed Mr Mirashi (petitioner).  Don’t you have the Bombay High Court to challenge the Epidemic Act? The high court has jurisdiction to strike down the Central Act,” a bench headed by Justice D Y Chandrachud told petitioner H N Mirashi.

“Why can’t you go to the high court? You withdraw it from here and file in high court,” said the bench, also comprising Justices Indu Malhotra and Indira Banerjee.

The apex court observed that the contention of petitioner that high courts do not have the power to strike down a Central Act is “totally misconceived”.

“The high court has all the powers to do this,” the bench told the petitioner who had raised issue regarding COVID-19 quarantine policy of the Maharashtra government.

After the bench said it is not inclined to entertain the plea, the petitioner withdrew it. PTI

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