VidhiSangh

Supreme Court of India · 23/02/2022

REGISTRAR GENERAL, HIGH COURT OF JUDICATURE AT MADRAS versus THE STATE, REPRESENTED BY THE INSPECTOR OF POLICE, CENTRAL CRIME BRANCH, CHENNAI & ANOTHER

[2022] 1 S.C.R. 715 · 2022 INSC 228

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

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

  1. Whether special mentioning in a disposed individual case could support wholesale transfer of other prosecutions.
  2. Whether the transfer directions could stand despite the Supreme Court’s subsisting interim stay.
  3. What limits governed the High Court’s inherent criminal jurisdiction in these circumstances.

Provisions considered

Held

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.

Judgment PDF: Supreme Court of India, [2022] 1 S.C.R. 715.