JASBIR SINGHversusST ATE OF PUNJAB
- Citation
- 2006 INSC 692
- Decided
- 11 October 2006
- Disposal
- Disposed off
- Bench
- K G BALAKRISHNAN
Holding
The High Court's supervisory jurisdiction under Article 227 does not empower an Administrative/Inspecting Judge to pass bail orders; such applications must be referred to the concerned court without judicial interference.
Summary
Jasbir Singh, an under‑trial accused, applied for bail before the Sessions Judge. During a routine inspection of the district jail, the Administrative (Inspecting) Judge of the Punjab & Haryana High Court received the bail application and directed the Sessions Judge to grant bail, which was done. A complaint alleging mala‑fide grant of bail led the same Administrative Judge to cancel the bail, prompting the accused to file a special leave appeal before the Supreme Court. The Court examined whether the High Court’s power of superintendence under Articles 227 and 235 of the Constitution authorises an Inspecting Judge to entertain bail applications and pass orders affecting individual cases. It held that the supervisory power is limited to ensuring subordinate courts function within their authority and does not permit interference with their judicial functions; an Inspecting Judge may only forward applications without commenting on merits. Consequently, the appeal was dismissed and the matter left without further order as the bail had already been granted.
Issues considered
- The scope of the High Court's power of superintendence under Article 227 (and Article 235) over subordinate courts and tribunals
- Whether an Administrative/Inspecting Judge may entertain bail applications and direct subordinate courts to grant bail during inspection
Legislation cited
- Constitution of Indias. Article 227, s. Article 235
Subjects
Judgment
A JASBIR SINGH
v.
ST ATE OF PUNJAB
OCTOBER 11. 2006
B [K.G. BALAKRISHNAN AND DR. AR. LAKSHMANAN, JJ.]
Constitution of India, 1950:
Articles 227 and 235-Administrative Judge of High Court-Powers-
C Scope of-Administrative Judge visiting district jail on inspection programme-
Receiving bail application of an under-trial and directing the Sessions Judge
to grant him bail-Held, if any application of bail is received by the
Administrative Judge, proper course is to send the same to the court concerned
without making any comments on the merits of the case-Jn the course of
D inspection. Inspecting Judge is not supposed to pass any judicial order and
he has no power to interfere with judicial functions of subordinate courts in
individual cases-Power of Superintendence exercised over subordinate courts
and Tribunals does not i111p61 that High Court can intervene in judicial jimctions
of lower judiciary or influence subordinate judiciat)' to pass any order or
judgment in a particular manner, as that would amount to interfering with
E independence of subordinate judiciary-Powers of Inspecting Judge while an
inspection-Explained-Allocation of business in High Court-Explained-
Administration of justice-Independence ofjudicim)1--Judicial discipline.
Appellant's application for bail was pending before the Sessions
Judge. Meanwhile the Administrative Judge of the High Court visited the
F District Jail on inspection programme. The appellant made an application
for bail before the Administrative Judge. The Administrative Judge
directed the Sessions Judge to release the accused on bail. Accordingly
the accused was granted bail. Thereupon a complaint was made alleging
mala fide in granting the bail, and cancellation of bail was sought.
G Consequently, the Administrative Judge cancelled the bail. Aggrieved, the
accused filed the present appeal.
The appellant-accused was released on bail. However, during the
hearing of the appeal, it came to the notice of the Court that there has
been a constant practice of the Inspecting/ Administrative Judges of the
H JM
JASBIR SINGH v. STA TE OF PUNJAB 175
High Court concerned to receive bail applications from inmates of jail and A
to grant bail or direct the Sessions Judge to grant bail or direct the
applications to be dealt with in accordance with law.
On the question as to what is the width and amplitude of the power
of superintendence over subordinate courts and whether it authorizes the
Inspecting Judges to transact any judicial work, which is in the domain B
of the subordinate courts,
Disposing of the appeal, the Court
HELD:l.I. The power of superintendence over all the subordinate
courts and tribunals is given to the High Court under Article 227 of the C
Constitution. This extraordinary power can only be used by the High
Courts to ensure that the subordinate courts function within the limits of
their authority. The High Court cannot interfere with the judicial functions
of a subordinate Judge. Even while invoking the provisions of Article 227
of the Constitution, it is provided that the High Court would exercise such D
powers most sparingly and only in appropriate cases in order to keep the
subordinate courts within the bounds of their authority. The power of
superintendence exercised over the subordinate courts and tribunals does
not imply that the High Court can intervene in the judicial functions of
the lower judiciary or influence the subordinate judiciary to pass any order
or judgment in a particular manner. The independence of the subordinate E
courts in the discharge of their judicial functions is of paramount
importance, just as the independence of the superior courts in the
discharge of their judicial functions. The independence of the judiciary
has been considered as a part of the basic structure of the Constitution
and such independence is postulated not only from the Executive, but also F
from all other sources of pressure. (180-C-E; 182-C-E]
Wmyam Singh v. Amarnath, AIR (1954) SC 215; Timbak v. Ram
Chandra, AIR (1977) SC 1222; Mohd Yunus v. Mohd Mustaqim, AIR (1984)
SC 38; State v. Navjot Sandhu, (20031 6 SCC 641 and S.P. Gupta v. Union
of India, (1981 ( Supp. sec 87, relied on. G
1.2. Article 235 of the Constitution gives power to the High Court
to exercise control over the subordinate courts. This power has been
specifically described in the Article in a comprehensive sense so as to
include the powers of general superintendence over the working of the
subordinate courts and disciplinary control over the Presiding Judges of H
176 SUPREME COURT REPORTS [2006) SUPP. 7 S.C.R.
A the subordinate courts. The powers of control to be exercised under Article
235 of the Constitution do not extend to interfering with the judicial
functions of the subordinate courts. By virtue of the power under Article
235 the High Court cannot direct the presiding officer to pass a judicial
order in a particular manner as that would certainly amount to interfering
B with the independence of the subordinate judiciary. (183-A-D)
1.3. In the course of inspection, the High Court Judge is required to
examine whether the courts are functioning within the norms laid down
by the High Court. Mostly the inspection is to be confined to the
administrative functioning of the courts and its officers. In the course of
C inspection, a High Court Judge cannot pass any order on interim
applications, such as bail petitions or transfer applications or applications
for interim injunction, howsoever justified they may be. Orders on bail
applications are passed under the provisions of the Code of Criminal
Procedure or under various other enactments, which provide for grant
of bail and such orders are passed as part of the judicial work. While on
D inspection, the Inspecting Judge is not supposed to perform any judicial
work. Of course, he can give administrative directions to the Presiding
Officer or to any of the subordinate staff, if such directions are pertinent
in the context of administration of justice. But under no circumstances,
the Inspecting Judge, as part of his administrative duty enjoys the power
E to interfere with the judicial functions of the subordinate courts in
individual cases. Except giving general directions regarding any matter
concerning administration of justice, any interference in the judicial
functions of the Presiding Officer would amount to interference with the
independence of the subordinate judiciary. [183-E-H, 184-A)
F 1.4. When the Inspecting Judge visits jail, it is quite likely that
somany inmates of the jail may file petitions before the Judge concerned.
It is the duty of the Judge to see whether there is any merit in any of these
petitions. If any application for bail is received, he can very well send it
to the court concerned without making any comments on the merits of
the case, or he may send it to the Registry of the High Court, so that it
G may, in turn, be brought to the notice of the Chief Justice who may place
it before an appropriate forum for passing orders. On the contrary, if the
Inspecting Judge passes any order in such matter, he would only be
usurping the powers of the courts authorized to pass such orders. It may
also be remembered that normally a High Court Judge passes orders on
H matters assigned by the Chief Justice and it is the prerogative of the Chief
JASBIR SINGH v. STATE OF PUNJAB (BALAKRISHNAN. J.) 177
Jusitce to assign business of the High Court both on judicial and A
administrative sides. The Chief Justice alone has the power to decide as
to how the Benches of the High Court are to be constituted. That
necessarily means that it is not within the competence of any Single Judge
or Division Bench of the High Court to give any direction to the Registry
in that behalf which will run contrary to the directions of the Chief Justice. B
Therefore, in the scheme of things, judicial discipline demands that in the
event a single Judge or a Division Bench considers that a particular case
requires to be listed before it for valid reasons, it should direct the Registry
to obtain appropriate orders from the Chief Justice. (184-G-H; 185-A-EI
A/ok Kumar v. Dr. S.N. Sanna, AIR (1968) SC 453 and State of C
Rajasthan v. Prakash Chand & Ors., AIR (1998) SC 1344, relied on.
CRIMINAL APPELLATE JURISDICTION : CRL. Appeal No. 1039
of 2006.
From the Final Order and Judgment dated 16.12.2003 of the High D
Court of Punjab and 1-Iaryana at Chandigarh, in Criminal Misc. No. 41278-
M/2003.
J.S. Chahal, Dinesh Verma, Suresh Kumari and A.P. Mohanty for the
Appellant.
E
D.P. Singh, Sanjay Jain, Avneet Toor, Satinder S. Gulati, Dr. Kailash
Chand, Arun K. Sinha and Rakesh Singh for the Respondent.
The Judgment of the Court was delivered by
K.G. BALAKRISHNAN, J. Leave granted.
F
A case was registered by P.S. Sirhind against seven persons, including
the appellant under Sections 469/467, 468/218-1208 of IPC and also under
the provisions of the Prevention of Corruption Act. The appellant was arrested
and remanded to judicial custody and the final report was filed by the police.
It appears that the appellant moved an application for bail, but the same was G
rejected. The appellant moved another bail application on 24.4.2003 before
the Sessions Judge, Fatehpur Sahib, which was fixed for hearing on 5.5.2003.
Meanwhile, on 29.4.2003 the Administrative Judge of the High Court of
Punjab and Haryana came for annual inspection to the District and Sessions
Court, Fatehpur Sahib, and the Deputy Commissioner, S.S.P. and other police
H
178 SUPREME COURT REPORTS (2006] SUPP. 7 S.C.R.
A officers were present. The Hon 'ble Judge visited the Jail at Nabha as part of
the inspection programme. The appellant moved an application for bail during
the course of inspection and the learned Judge noticed the police officers as
representative of the prosecution, and as they had no objection to the granting
of bail to the appellant, the learned Judge passed the following Order:
B "The applicant is facing trial for commission of offences under
Sections 409, 447, 468, 218, 120-B !PC and also under the provisions
of Prevention of Corruption Act. His co-accused similarly situated
has since been enlarged on bail. Applicant is in jail for the last seven
months. Sessions Judge asked to look into his application and enlarge
him on bail as his trial is likely to take some time before it is
c concluded" (emphasis supplied)
Thereafter, the bail application of the appellant came up for hearing
before the Sessions Judge, Fatehpur Sahib, who, without making a reference
to the directions contained in the order of the Administrative Judge, dismissed
D the application. But, on the next day, i.e. 6.5.2003, when his attention was
drawn to the order of the Administrative Judge, the Sessions Judge granted
bail to the appellant. The appellant also moved an application for the release
of his earth-moving machine, which was seized by the police during
investigations and the same was released to the appellant on furnishing a
bond in the sum of Rs. 20 lacs.
E
On 13.6.2003, one Usha Rani made a complaint to the Chief Justice of
the Punjab and Haryana High Court, alleging ma/a fides on the part of the
Sessions Judge, Fatehpur Saheb, in granting bail to the appellant. The Chief
Justice called for the proceedings and directed that the entire matter be placed
F before the very same Administrative Judge on the judicial side. Thereupon,
notice was issued to the appellant. The de facto complainant also entered
appearance. She reiterated her allegation and sought for cancellation of bail
granted to the appellant. The learned Administrative Judge held that while
passing the order of bail on 6.5.2003, the Sessions Judge had not discussed
the matter on merit and therefore the order dated 6.5.2003 was set aside.
G Aggrieved by the same the appellant has preferred the instant appeal by way
of special leave.
When the matter came before this Court on 16.2.2004, the following
Order was passed:-
H "Application for exemption from surrendering is dismissed.
.IASBIR SINGH 1·. STATE OF PUNJAB [BALAKRISHNAN . .I.] 179
At the request of learned senior counsel for the petitioner this special A
leave petition is adjourned by four weeks.
The above special leave petition has been adjourned even at the stage
of calling for orders on admission. In the meantime while going
through the order under challenge, we find that observations have
been made to the effect that there is a practice of passing orders by B
an Administration Judge on the spot at the time of inspection and the
handing over of petitions for bail etc. at that time. The Registrar of
the Punjab and Haryana High Court at Chandigarh, by taking
instructions/directions from the Chief Justice will send a detailed report
to this Registry to be placed when the matter is taken up as to for C
how long this type of practice, if any, has been followed in the State
and as to whether there is any sanction for the same under any law;
or administrative orders by the Hon 'ble Chief Justice of the Court at
any time. Copies of such orders, if any, in the matter shall be enclosed
to the report."
D
The report received from the Chief Justice of Punjab and Haryana,
indicates that there has been a constant practice of the Inspecting/
Administrative Judges receiving applications from inmates of jail, for grant
of bail, and while in some cases the Inspecting Judge by himself would pass
the order, in other cases he would direct the Sessions Judges to grant bail or
direct the application to be dealt with in accordance with law. The Chief E
Justice has furnished the details of the various orders where the Inspecting
Judges had granted bail to the inmates of jail during the course of inspection.
Some of the judges gave the opinion to the Chief Justice that they used to
receive bail applications, which they were marking to the Registry of the
High Court for further action. Some of the Judges asserted that they had F
never granted any bail application in the course of inspection and those
applications were only directed to be placed before the concerned Sessions
Judge.
The Registrar General in his report has made certain startling revelations
to the effect that series of bail orders were granted by the Judges in the G
course of inspection, on applications received from undertrial prisoners. The
Chief Justice has emphatically denied having given any jurisdiction to any of
the Judges to hear and pass orders on bail applications during inspection. It
seems that the stand taken by some of the Judges is that the Judges of the
High Court are vested with the power of superintendence and control over all
courts and tribunals subordinate to the High Court under Article 227, and as H
180 SUPREME COURT REPORTS [2006] SL'PP. 7 S.C.R.
A part of such Constitutional power, the Inspecting Judges have the right and
duty to consider the bail applications during inspection.
The learned counsel appearing on behalf of the Bar Council of the State
of Haryana submitted that in many cases the bail applications are not
considered by the Sessions Judges in time and the accused have to remain in
B jai I for unnecessarily long periods and that in such cases it is the duty of the
Inspecting Judges to receive bail applications and pass appropriate directions.
What is the width and amplitude of the power of superintendence over
subordinate courts and whether it authorizes the Inspecting Judges to transact
C any judicial work, which is in the domain of the subordinate courts, is the
question that arises for consideration in this appeal.
The power of superintendence over all the subordinate courts and
tribunals is given to the High Court under Article 227 of the Constitution. So
also, under Article 235 of the Constitution, the High Courts exercise control
D over all the district courts and courts subordinate thereto on all matters relating
to posting, promotion and grant of leave to officers belonging to the judicial
service of the State. The power of superintendence conferred on the High
Court under Article 227 over all the courts and tribunals throughout the
territory of the State is both of administrative and judicial nature and it could
be exercised suo motu also. However, such power of superintendence does
E not imply that the High Courts can influence the subordinate judiciary to pass
any order or judgment in a particular manner. The extraordinary power under
Article 227 can only be used by the High Courts to ensure that the subordinate
courts function within the limits of their authority. The High Court cannot
interfere with the judicial functions of a subordinate Judge. Speaking on the
F power of superintendence of the High Court under Article 227 in WQl)'am
Singh v. Amarnath, AIR (1954) SC 215, at page 217, Justice S.R. Das
observed:-
"The material part of Article 227 substantially reproduces the
provisions of Section I07 of the Government of India Act, 1915
G except that the power of superintendence has been extended by the
Article also to Tribunals .... Further, the preponderance of judicial
opinion in India was that Section 107 which was similar in terms to
Section I5 of the High Courts Act, 186 I, gave a power of judicial
superintendence to the High Court apart from and independently of
the provisions of other laws conferring revisional jurisdiction on the
H High Court.
JASBIR SINGH v. STATE OF PUNJAB (BALAKRISHNAN. J.] 181
In this connection it has to be remembered that Section I07 of the A
Government of India Act, 1915 was reproduced in the Government
of India Act, 1935 as Section 224. Section 224 of the 1935 Act,
however, introduced sub-section (2), which was new, providing that
nothing in the section should be construed as giving the High Court
any jurisdiction to question any judgment of any inferior court which B
was not otherwise subject to appeal or revision. The idea presumably
was to nullify the effect of the decisions of the different High Courts
referred to above. Section 224 of the 1935 Act has been reproduced
with certain modifications in Article 227 of the Constitution. It is
significant to note that sub-section (2) to Section 224 of the 1935 Act
has been omitted from Article 227. C
This significant omission has been regarded by all High Courts in
India before whom this question has arisen as having restored to the
High Court the power of judicial superintendence it had under Section
15 of the High Courts Act, 1861 and Section 107 of the Government
of India Act, 1915.... D
This power of superintendence conferred by Article 227 is, as pointed
out by Harries, C.J., in Dalmia Jain Airways ltd. v. Sukumar
Mukherjee, AIR (I 951) Cal 193 (SB (B), to be exercised most
sparingly and only in appropriate cases in order to keep the Subordinate
Courts within the bounds of their authority and not for correcting E
mere errors".
This view expressed was later followed by this Court in Timbak v. Ram
Chandra, AIR (1977) SC 1222, by Justice Jaswant Singh, at page 1225:-
"It is also well established that it is only when an order of the Tribunal F
is violative of the fundamental basic principles of justice and fair
play or a patent or flagrant error in the procedure of law has crept or
where the order passed resu Its in manifest injustice, that a court can
justifiably intervene under Article 227 of the Constitution."
In Mohd. Yunus v. Mohd. Mustaqim, AIR (1984) SC 38, this Court G
held:-
"The supervisory jurisdiction conferred on the High Courts under
Article 227 of the Constitution is limited "to seeing that an inferior
Court or Tribunal functions within the limits of its authority," and not
to correct an error apparent on the face of the record, much less an H
182 SUPREME COURT REPORTS (2006] SUPP. 7 S.C.R.
A error of law .... .ln exercising its supervisory powers under Article 227,
the High Court does not act as an appellate court or Tribunal. It will
not review or reweigh the evidence upon which the inferior court or
tribunal purports to be based or to correct any errors of law in the
decision.'·
B This Court also made almost similar observations in State v. Navjot
Sandhu, (2003) 6 SCC 641.
So, even while invoking the provisions of Article 227 of the Constitution,
it is provided that the High Cou11 would exercise such powers most sparingly
and only in appropriate cases in order to keep the subordinate courts within
c the bounds of their authority. The power of superintendence exercised over
the subordinate courts and tribunals does not imply that the High Court can
intervene in the judicial functions of the lower judiciary. The independence
of the subordinate courts in the discharge of their judicial functions is of
paramount importance, just as the independence of the superior courts in the
D discharge of their judicial functions. It is the members of the subordinate
judiciary who directly interact with the parties in the course of proceedings
of the case and therefore, it is no less important that their independence
should be protected effectively to the satisfaction of the Iitigants. The
independence of the judiciary has been considered as a part of the basic
structure of the Constitution and such independence is postulated not only
E from the Executive, but also from all other sources of pressure. In S.P. Gupta
v. Union of India, (1981) Supp. SCC 87, speaking on the independence of
the judiciary, a Bench of seven Judges observed as under at page 221-222 :-
"The concept of independence of judiciary is a noble concept which
inspires the constitutional scheme and constitutes the foundation on
F which rests the edifice of our democratic polity ..... But it is necessary
to remind ourselves that the concept of independence of judiciary is
not limited only to independence from executive pressure or influence
but it is a much wider concept which takes within its sweep
independence from many other pressures and prejudices. It has many
G dimensions, namely, fearlessness of other power centres, economic
or political, and freedom from prejudices acquired and nourished by
the class to which the Judges belong."
The counsel appearing for the respondent submitted that the power of
H
superintendence and control over the subordinate courts is conferred on the
High Court under Article 235 of the Constitution and therefore the Inspecting
--
JASBIR SINGH v. STATE OF PUN.I AB [BALAKRISHNAN . .I.] 183
Judge was fully justified under certain circumstances to entertain the bail A
petitions or transfer applications and direct the District Judges or other courts
to pass appropriate orders. We find no force in this contention. This plea has
been raised without any basis. Article 235 of the Constitution gives power to
the High Coun to exercise control over the subordinate courts. This power
has been specifically described in Article 235 in a comprehensive sense so B
as to include the powers of general superintendence over the working of the
subordinate courts; disciplinary control over the Presiding Judges of the
subordinate courts which includes power to make inquiry; and impose
punishments other than dismissal, removal or reduction in rank subject, of
course, to the rules of services and Article 311 (2) of the Constitution. Th Is
power also would include the power to order disciplinary inquiry, transfers, C
promotions of members of subordinate judiciary and confirmation of officers
etc. It also includes the power to recall officers of the subordinate courts
holding ex cadre posts or to send officers on deputation to other administrative
posts or award selection grade or pass orders on any such matters connected
with service. The powers of control to be exercised under Article 235 of the
Constitution do not extend to interfering with the judicial functions of the D
subordinate courts. By virtue of the power under Article 235 the High Court
cannot direct the presiding officer to pass a judicial order in a particular
manner as that would certainly amount to interfering with the independence
of the subordinate judiciary.
E
In the course of inspection, the High Court Judge is required to examine
whether the courts are functioning within the norms laid down by the High
Court. Mostly the inspection is to be confined to the administrative functioning
of the courts and its officers. If any member of the administrative staff is not
doing the work assigned to him or is causing any delay in the process of
administration of justice, the Inspecting Judge can give proper direction and F
see that the courts function smoothly. But under no circumstances, the
Inspecting Judge, as part of his administrative duty enjoys the power to
interfere with the judicial functions of the subordinate courts in individual
cases. In the course of inspection, a High Court Judge cannot pass any order
on interim applications, such as bail petitions or transfer applications or G
applications for interim injunction, howsoever justified they may be. Orders
on bail applications are passed under the provisions of the Code of Criminal
Procedure or under various other enactments, which provide for grant of bail
and such orders are passed as part of the judicial work. The Inspecting Judge
is not supposed to pass any judicial order in individual cases in the course
of inspection. Of course, he can give administrative directions to the Presiding H
184 SUPREME COURT REPORTS [2006) SUPP. 7 S.C.R.
A Officer or to any of the subordinate staff, if such directions are pertinent in
the context of administration of justice. Except giving general directions
regarding any matter concerning administration of justice, any interference in
the judicial functions of the Presiding Officer would amount to interference
with the independence of the subordinate judiciary.
B So also, while on inspection, the Inspecting Judge is not supposed to
perform any judicial work.
A question of a similar nature came before this Court in Alok Kumar
v. Dr. S.N. Sanna, AIR (1968) SC 453. That was a case where the Judge of
C the High Court ofGuwahati was nominated as the Vacation Judge and certain
dates were fixed on which he was to sit and hear urgent civil and criminal
applications. One of these dates was October 31, 1966 and another was
November I0, 1966. It was also stated in the order that if there was any
matter which was extremely urgent, it would be heard on any other day by
appointment through the Registra.. This Judge was also working as a
D Commission of Enquiry during that period. For that purpose, he had to go out
of Gauhati, (the seat of the High Court) to Sibsagar after the vacation sitting
on October 31, 1966. Therefore, on November 2, 1966 he was not available
at Gauhati, even though he was the Vacation Judge. Petitioner filed a writ
petition seeking permission to write an examination which was to be held on
November 4, 1966. The petitioner gave notice to the Government Advocate
E and thereafter went to Sibsagar where the Judge was holding the Commission
of Enquiry and presented his petition. The writ petition was entertained and
the learned Judge passed an interim order permitting the petitioner to write
the examination. This order was challenged later and this Court held that by
virtue of appointment as a head of Commission, the Judge does not demit his
F office and while holding a Commission of Enquiry at Sibsagar if he received
the petition and passed an order, all that can be said is that the petition was
irregularly presented at Sibsagar when it should have been presented at
Gauhati.
Therefore, even if any application for bail is received by the Inspecting
G Judge, the proper course is to send the application to the concerned court to
pass appropriate orders. When the Inspecting Judge visits jail, it is quite
likely that so many inmates of the jail may file petitions before the concerned
Judge. It is the duty of the Judge to see whether there is any merit in any of
these petitions. If any application for bail is received, he can very well send
H it to the concerned court without making any comments on the merits of the
JASBIR SINGH v. STATE OF PUNJAB [BALA.KRISHNAN . .I.] 185
case. On the contrary, if the learned Inspecting Judge passes any order in A
such matter, he would only be usurping the powers of the cou1is authorized
to pass such orders. It may also be remembered that normally a High Court
Judge passes orders on matters assigned by the Chief Justice and this Court
in State of Rajastha11 v. Prakash Chand & Ors., AIR ( 1998) SC 1344
deprecated the practice of the Single Judge directing the listing of certain B
part-heard cases before him without there being any orders of Hon 'ble the
Chief Justice of the High Comi. It is the prerogative of the Chief Jusitce to
assign business of the High Court both on judicial and administrative sides.
The Chief Justice alone has the power to decide as to how the Benches of the
High Court are to be constituted. That necessarily means that it is not within
the competence of any Single or Division Bench of the High Court to give C
any direction to the Registry in that behalf which will run contrary to the
directions of the Chief Justice. Therefore, in the scheme of things, judicial
discipline demands that in the event a single Judge or a Division Bench
considers that a particular case requires to be listed before it for valid reasons,
it should direct the Registry to obtain appropriate orders from the Chief
Justice. D
The Inspecting Judges would be at liberty to receive complaints or
petitions in the course of inspection so as to bring the same to the notice of
the appropriate court or to the Registry of the High Court, so that it may, in
turn, be brought to the notice of the Chief Justice who may place it before E
an appropriate forum for passing orders.
In the instant case, as the accused has already been released on bail, we
need not pass any order. With the above observations, the appeal is disposed
of.
F
R.P. Appeal disposed of.
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