Article 32 relief declined; petitioners sent to Trial Court first with interim protection against arrest.

The SC declined to entertain the Article 32 petition on merits and required the petitioners to approach the Trial Court first. It nevertheless granted limited protective relief by allowing them to appear before the Trial Court the next day, permitting applications under Section 88 of the Code of Criminal Procedure, 1973 and/or bail applications, and directing prompt consideration of those applications. If the applications were rejected, the petitioners were protected against arrest for 30 days to enable recourse to the High Court or another higher forum.

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Issues: Whether the petition under Article 32 should be entertained on merits and whether the petitioners should be directed to approach the Trial Court in the first instance with protective directions.

Analysis: The Court declined to entertain the petition on merits in exercise of its Article 32 jurisdiction and directed the petitioners to approach the Trial Court first. However, considering the facts and circumstances, it granted liberty to appear before the Trial Court on the next day, permitted applications under Section 88 of the Code of Criminal Procedure, 1973 and/or bail applications, and directed that any such applications be considered forthwith. The Court further protected the petitioners against arrest for 30 days if the applications were rejected, to enable recourse to the High Court or another higher forum.

Conclusion: The writ petition was not entertained on merits and the petitioners were relegated to the Trial Court with limited protective relief.

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