Summary
In a petition concerning one land-grabbing prosecution, the High Court ordered transfer from a Special Court and later, on special mentioning after disposal, directed transfer of hundreds of other cases. The Court held that the later orders were without jurisdiction because the judge was functus officio and the affected parties were absent. All three transfer orders also contradicted the Court’s subsisting stay preserving the Special Courts’ jurisdiction. The orders were quashed, subject to the pending challenge to the underlying Government Orders.
Issues
- Whether special mentioning in a disposed individual case could support wholesale transfer of other prosecutions.
- Whether the transfer directions could stand despite the Supreme Court’s subsisting interim stay.
- What limits governed the High Court’s inherent criminal jurisdiction in these circumstances.
Provisions considered
- Section 482, Code of Criminal Procedure, 1973The Court cautioned that inherent power cannot be exercised suo motu in a sweeping manner beyond the provision’s contours. (¶ 7)
Held
- Once the original individual petition was disposed of, the Single Judge was functus officio in that matter. Subsequent special mentioning did not confer jurisdiction to transfer numerous other cases involving persons who were not parties; the original proceeding was not a public-interest petition. (¶ 4)
- The Supreme Court had stayed the judgment invalidating the Government Orders establishing the special machinery. Their operation and the Special Courts’ jurisdiction therefore continued, and the impugned transfers contradicted that interim order. (¶¶ 3.1-3.2, 5)
- All three transfer orders were set aside, expressly subject to the final result of the pending special leave petitions concerning the Government Orders. The underlying validity challenge was not finally decided. (¶ 6)
- Although Section 482 confers wide inherent power, the High Courts must consider the consequences of such orders and keep their exercise within the statutory contours. (¶ 7)
Result
Appeals allowed; transfer orders dated 5, 27 and 29 August 2019 quashed, subject to the final outcome of Special Leave Petition (Civil) Nos.6050-6078 of 2015.