HC says Single Judge exceeded jurisdiction - ECAS Punjab

HC says Single Judge exceeded jurisdiction

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Chandigarh, July 2

The Punjab and Haryana High Court has ruled that its Single Judge exceeded his jurisdiction in issuing directions purely related to the High Court administration in a "criminal" matter. "Judicial powers cannot be invoked to run the administration of the High Court, which task vests in the Chief Justice or in the Full Court of the High Court and is regulated by rules and instructions issued in that regard," a Division Bench ruled.

The Single Judge had, among other things, directed the HC to ensure that technical persons were available at the time of hearing of cases through video-conferencing and that such technical persons should ensure that every case was available online.

The Bench of Chief Justice Rajiv Shanker Jha and Justice Arun Palli asserted that it was impelled to observe that two matters, one for regular bail and the other for cancellation of bail, were before the Single Judge. In both issues regarding problems arising during video-conferencing were neither involved nor raised. In such circumstances, if any inconvenience was faced by the Single Judge owing to lack of any technical/secretarial assistance, the proper course was to bring the problem to the Registrar-General's notice.

The Bench said the issue in respect of which the impugned directions were given was neither a subject matter of challenge, nor within the roster assigned to the Single Judge. As such, the latter exceeded the jurisdiction vested in him. The Bench set aside the impugned directions.

The matter was brought to the Division Bench's notice after the HC through its Registrar (Computerisation) filed an appeal. One of the matters related to senior IPS officer from Himachal Pradesh Zahur Haider Zaidi. — TNS



from The Tribune https://ift.tt/38rrp70

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