HC division bench overrules judge’s order to lower courts

In its order,the single-judge bench had directed the registry to issue a circular to all the principal district and sessions judges to inform that as and when any direction is issued by the HC to the lower judiciary to decide a particular matter within stipulated time,the district courts must make sure the order has been complied with. The court had also directed the registry to instruct district courts to prepare and maintain a separate register for the same containing the directions issued by the HC. It was also directed that the principal district judge must check the register and supervise and monitor the same every month regularly for the strict compliance of the order.

The single-judge bench had passed the order while hearing a matter in which the HC had ordered a civil court in Surat to dispose of a civil litigation within a stipulated time. Unable to comply with the order,the concerned court had sought more time to dispose of the case through an application. While hearing the application,the single-judge bench passed the order while giving the directions to HC registry.

Challenging the directions to HC registry,counsel for the HC had contended that the power to issue circular to principal district and sessions judges and other judicial officers is a matter of policy,which can be determined by the High Court,in its administrative side.

Quashing the particular portion of the single-judge bench order,the division bench ordered,“…we find that the learned single judge has issued a direction to the registry of the HC,and the same is tantamount to interference with the power of the Chief Justice under Article 229 of the Constitution of India,we set aside the order contained in paragraphs 5 and 8 of order…”