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November 6, 1998

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HC judges divided on writ against price rise

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Did the Union government violate Article 21 of the Constitution when it failed to contain the prices of essential commodities?

A writ petition, filed by Mohammad Irfan Khan in the Allahabad high court, says so.

But the judges hearing the case differ between themselves on it.

Justice Markandey Katju says the right to get essential commodities -- onions, pulses, potatoes, mustard etc -- at reasonable prices is part of the right guaranteed by Article 21. He entertained the petition, directing the Union food and civil supplies secretary to file a counter-affidavit before November 30.

Justice S L Saraf, on the other hand, dismissed Khan's charge. He said the price-rise might result in political movements, but the courts could not become a party to them. Courts, he added, should avoid taking up any writ filed for "dubious purposes".

The petition has now been placed before the chief justice for nominating an appropriate bench.

UNI

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