9911796707
TMI Blog2020 (1) TMI 1719X X X X Extracts X X X X X X X X Extracts X X X X ..... he "ends of justice" and "abuse of the process of the court" have to be dealt with in accordance with law and not otherwise. The High Court has not been given nor does it possess any inherent power to make any order, which in the opinion of the court, could be in the interest of justice as the statutory provision is not intended to bypass the procedure prescribed. It was also held that the High Court can always issue appropriate direction in exercise of its power under Article 226 of the Constitution of India at the behest of an aggrieved person, if the court is convinced that the power of investigation has been exercised by an investigating officer mala fide or the matter is not investigated at all, but even in such a case, the High Court cannot direct the police as to how the investigation is to be conducted but can insist only for the observance of due process as provided in the Code. This Court in a judgment reported as Sangitaben Shaileshbhai Datanta v. State of Gujarat [2018 (10) TMI 1990 - SUPREME COURT] was examining a question where a court after grant of bail to an accused ordered the accused and their relatives to undergo scientific test viz. lie detector, brain mappin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rections came to be passed in a matter pertaining to grant of bail under Section 439 of the Code of Criminal Procedure, 1973 [for short, 'Code']. The High Court had admitted the accused to bail on 18th February, 2019 subject to certain conditions but passed an order to call for the details of the cases registered by the Police, final report filed, trial conducted and the result of such cases. The details were to bring to light the manner in which the entire criminal justice system is operating in the State. In pursuance of the directions so issued and the data provided, the impugned order was passed by the learned Single Bench. 3. The High Court after collecting the data in respect of the criminal cases registered, convictions and acquittals in each District proceeded to write a thesis on how the criminal justice system should function in the State. It was observed that the central aim of the criminal law is to reform the offender and to rehabilitate him in a bid to render him useful to society. The Court held as under: "16. The situation calls for a thorough revamping of the Criminal Justice system in this State. It looks like the police are caught into this Vicious cycle. That ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pdated on a regular basis on the March of law. Cyber crimes have reached monumental proportions and criminals committing these offences are clearly having an upper hand since these criminals are intelligent crooks and police officers require regular training and exposure to tackle these crimes. A complete overhaul is required to enhance the quality of investigation." 4. The matter before the High Court was as to whether the accused are entitled to be admitted to bail, that is the jurisdiction conferred on the Court in terms of Section 439 of the Code. Before granting bail, the High Court is enjoined upon an obligation to issue notice of an application for bail to the Public Prosecutor if a person is accused of an offence which is triable exclusively by the Court of Session or which, though not so triable, for punishment of imprisonment for life. 5. We find that the Hon'ble Single Bench has committed grave illegality in retaining the file after grant of bail to the accused on 18th February, 2019. The jurisdiction of the High Court came to an end when an application for grant of bail under Section 439 of the Code was finally decided. 6. In State of Punjab v. Davinder Pal Singh Bhu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... se, the High Court cannot direct the police as to how the investigation is to be conducted but can insist only for the observance of due process as provided in the Code. The Court held as under: "51. The inherent power of the court under Section 482 CrPC is saved only where an order has been passed by the criminal court which is required to be set aside to secure the ends of justice or where the proceeding pending before a court, amounts to abuse of the process of court. Therefore, such powers can be exercised by the High Court in relation to a matter pending before a criminal court or where a power is exercised by the court under CrPC. Inherent powers cannot be exercised assuming that the statute conferred an unfettered and arbitrary jurisdiction, nor can the High Court act at its whim or caprice. The statutory power has to be exercised sparingly with circumspection and in the rarest of rare cases. (Vide Kurukshetra University v. State of Haryana [(1977) 4 SCC 451 : 1977 SCC (Cri) 613 : AIR 1977 SC 2229] and State of W.B. v. Sujit Kumar Rana [(2004) 4 SCC 129 : 2004 SCC (Cri) 984] .) 52. The power under Section 482 CrPC cannot be resorted to if there is a specific provision in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... C. (See Gangadhar Janardan Mhatre v. State of Maharashtra [(2004) 7 SCC 768 : 2005 SCC (Cri) 404] and Divine Retreat Centre v. State of Kerala [(2008) 3 SCC 542 : (2008) 2 SCC (Cri) 9] .) xx xx xx 64. An inherent power is not an omnibus for opening a Pandora's box, that too for issues that are foreign to the main context. The invoking of the power has to be for a purpose that is connected to a proceeding and not for sprouting an altogether new issue. A power cannot exceed its own authority beyond its own creation. It is not that a person is remediless. On the contrary, the constitutional remedy of writs is available. Here, the High Court enjoys wide powers of prerogative writs as compared to that under Section 482 CrPC. To secure the corpus of an individual, remedy by way of habeas corpus is available. For that the High Court should not resort to inherent powers under Section 482 CrPC as the legislature has conferred separate powers for the same. Needless to mention that Section 97 CrPC empowers the Magistrates to order the search of a person wrongfully confined. It is something different that the same court exercising authority can, in relation to the same subject-matter, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... umption of function of a trial court by the High Court is deprecated." 9. In another judgment reported as Reserve Bank of India v. General Manager, Cooperative Bank Deposit A/C HR. Sha & Ors. [(2010) 15 SCC 85] Reserve Bank of India challenged an order passed on an application under Section 439 of the Code, wherein an argument was raised that the poor depositors are not paid by the Bank out of the amount which has been received by the Bank. The Court issued directions that the Bank should start distributing the amount which is so far recovered by them from the accused. The Bank was directed to furnish details of the money paid to the poor depositors. The accused as well as the Investigating Officer and the Administrator of the Bank were directed to remain present in the Court. This Court found that such directions are beyond the scope of an application for bail filed by the accused under Section 439 of the Code. The Court held as under: "6. We are of the opinion that the far-reaching consequences of the directions of the High Court are in a way beyond the scope of an application for bail filed by an accused under Section 439 of the Code of Criminal Procedure and the High Court, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f constitutionality and legality. It is difficult to perceive how matters to which solutions may traverse the fields of ideology, social theory, policy-making and experimentation can be regulated by this Court such as by issuing a mandamus to enforce a scheme of instruction in a particular subject in school education. Should a subject be taught at all? Should a set of values or a line of enquiry and knowledge be incorporated as a separate subject of discourse in an educational system? Would a horizontal integration of a given set of values across existing subjects better achieve a desirable result? Is it at all desirable to impose another subject of study upon the already burdened school curriculum? 24. These are vexed issues to which more than one solution may appear just. That is exactly the reason why a resolution of such matters must rest with those who have the responsibility to teach and govern over matters of education. Every good that is perceived to be in the interest of society cannot be mandated by the court. Nor is the judicial process an answer to every social ill which a public interest petitioner perceives. A matter such as the present to which a solution does not ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
