‘HCs should not usurp powers of trial courts’
23 Oct 2012 8:15 AM IST
Deprecating in strong terms High Courts usurping powers of lower courts by passing and interfering with orders for granting or refusing bail, the SC has asked them to use their discretionary power with great care. Taking strong exception to Allahabad HC's order which had stayed arrest of an accused until the conclusion of the trial, a bench of justices said that the High Courts should refrain from passing such orders.
'We are sorry to note that in spite of the clear pronouncement of law by this Court, still, the High Courts are passing similar orders. This practice has to be deprecated in the strongest terms. 'Of late, we notice that the High Courts are entertaining writ petitions under Articles 226 and 227 (relating to powers of High Courts to issue certain writs) of the Constitution, so also under Section 482 CrPC (inherent power of the HCs)and passing and interfering with various orders granting or rejecting request for bail, which is the function of ordinary Criminal Court,' the bench said
'We are sorry to note that in spite of the clear pronouncement of law by this Court, still, the High Courts are passing similar orders. This practice has to be deprecated in the strongest terms. 'Of late, we notice that the High Courts are entertaining writ petitions under Articles 226 and 227 (relating to powers of High Courts to issue certain writs) of the Constitution, so also under Section 482 CrPC (inherent power of the HCs)and passing and interfering with various orders granting or rejecting request for bail, which is the function of ordinary Criminal Court,' the bench said
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