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TMI Blog2000 (2) TMI 881X X X X Extracts X X X X X X X X Extracts X X X X ..... her prayed therein that the Chief Justice might place the matter before a Division Bench of the High Court for its consideration. On 4.5.1998, the Chief Justice of Madras High Court directed the petitions to be placed before a Division Bench. Finally the matters came before the Division Bench consisting of T. Jayarama Chouta and V. Bakthavatsalu, JJ. Learned Judges held that those petitions, presented before the Chief Justice, are not maintainable and hence no proceedings could be initiated thereon. Accordingly, the Division Bench closed the suo motu proceedings by an order passed on 24.9.1998. The first among those advocates has moved the petition for special leave in this Court against the said order. Leave is granted. 2. The back gr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4. While answering the said question the Division Bench pointed put that neither the State nor any aggrieved persons on the side of the Victims of the crimes moved the High Court for cancellation of the bail granted to various accused earlier. At the same time learned Judges expressed that the competency of the Chief Justice to place those petitions before the Division Bench is undisputed and hence unquestionable. However, the Division Bench doubted the sustainability of petitions filed by some advocates in respect of a matter when remedy in a proper forum was otherwise available. While refusing to act on the said petitions the Division Bench gave its reasoning in the following lines. The petitioners by filing these memorandum before ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hing to indicate that the said power can be exercised only if the State or investigating agency or even a public prosecutor moves for it by a petition. 8. It is not disputed before us that the power so vested in the High Court can be invoked either by the State or by any aggrieved party. Nor is it disputed that the said power can be exercised suo motu by the High Court. If so, any members of the public, whether he belongs to any particular profession or otherwise, who has a concern in the matter can move the High Court to remind it of the need to invoke the said power suo motu. There is no barrier either in Sec 439 of the Code or in any other law which inhibits a person from moving the High Court to have such powers exercised suo motu. I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Benches of the High Court are to be constituted: which Judge is to sit alone and which cases he can and is required to hear and also as which Judges shall constitute a Division Bench and what work those Benches shall do. 11. Though the aforesaid position has not been deviated from by the Division Bench of the Madras High Court it is necessary to remind all concerned of the legal principles involving the prerogative of a Chief Justice. The Division Bench has gone wrong in holding that the petition submitted by the concerned advocates was not maintainable at all. Refusing to exercise the suo motu powers contemplated in Sec 439(2) cannot be on such a fallacious premise. The Division Bench ought to have considered the petitions on meri ..... X X X X Extracts X X X X X X X X Extracts X X X X
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