Can I directly approach the Supreme Court from Kolkata for a fundamental rights violation?
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Below is a comprehensive legal analysis based on Indian law for your question.
Article 32 of the Constitution gives you the right to directly approach the Supreme Court for the enforcement of fundamental rights, which Dr. Ambedkar called the heart and soul of the Constitution. The Supreme Court can issue five types of writs: habeas corpus, mandamus, prohibition, certiorari and quo warranto. A writ under Article 32 lies only for the enforcement of fundamental rights, not for ordinary legal rights, which must be pursued in the Calcutta High Court under Article 226. The petition must show a clear violation of a fundamental right and the absence of an alternative effective remedy. West Bengal Premises Tenancy Act 1997 cannot bar an Article 32 petition, since the right is constitutional and overrides any state enactment. File the petition with all supporting documents and an affidavit verifying the facts in Kolkata. Where the matter is urgent, you can also move the Calcutta High Court under Article 226 for faster interim relief.
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