Viral Narendra Gosalia vs The Senior Intelligence Officer on 12 March, 2025
The power under Section 528 of BNSS is meant to
achieve real and substantial justice--particularly where
the court is of the opinion that non-interference would
result in a failure of justice, where grave injustice has
occurred and must be remedied, or where the required
statutory provision has not been complied with. (See,
Sanapareddy Maheedhar Seshagiri v. State of Andhra
Pradesh AIR 2008 SC 787; Mast Ram v. Smt Shanti Devi
2002 CrLJ 1616 (1617) HP.)
13.3. The inherent powers of a High Court are not
negated by any overlap with the judicial review powers
conferred under Articles 226 and 227. Writs are extraordinary
constitutional remedies and operate independently of the
statutory right under Section 528 to address grievances not
specifically provided for in the Sanhita.