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TMI Blog2001 (9) TMI 1145X X X X Extracts X X X X X X X X Extracts X X X X ..... l 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: The applicant is facing trial for commission of offences under Sections 409, 447, 468, 218, 120-B IPC 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 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 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 mov ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 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 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 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 in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pt 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 15 of the High Courts Act, 1861, 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 High Court. In this connection it has to be remembered that Section 107 of the 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 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ir judicial functions is of paramount importance, just as the independence of the superior courts in the 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 litigants. 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 from all other sources of pressure. In S.P. Gupta Vs. 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 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 indepen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s 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 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 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 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed court without making any comments on the merits of the case. On the contrary, if the learned 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 matters assigned by the Chief Justice and this Court in State of Rajasthan Vs. Prakash Chand Ors, AIR 1998 SC 1344 deprecated the practice of the Single Judge directing the listing of certain part-heard cases before him without there being any orders of Hon'ble the Chief Justice of the High Court. 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 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 th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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