High Court Allahabad HC calls PIL related to transfer of power...

Allahabad HC calls PIL related to transfer of power of CJ as ‘fundamentally-misconceived’

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Allahabad, Apr 13 (ILNS) The Allahabad High Court on Monday dismissed a petition against delegating the power of Chief Justice to senior Judges in his absence, calling it as ‘fundamentally-misconceived.

A Division Bench of Chief Justice Govind Mathur and Justice Saroj Yadav said, “We do not find any merit in the petition, which on its face, appears to be fundamentally-misconceived. Suffice to state that no challenge is given to the Rule aforesaid and nothing has been said as to how the Rule is bad. The object of the Rule is to make the High Court functional by delegating certain authorities of the Chief Justice to a Senior Judge in his absence.”

The Bench was hearing a PIL filed by Advocate Ashok Pandey, seeking directions for not giving effect to provisions in Chapter five, Rule nine of the Allahabad High Court Rules.

The petition said the provision prescribes for appointment of Senior Judges at Allahabad and Lucknow to exercise jurisdiction at their respective places in connection with the arrangement of Benches, listing of cases and other similar matters.

“In our constitutional scheme and also in light of the law pronounced by the apex court in several cases, the Chief Justice of a High Court is a Master of Roster and no other Judge may be allowed to interfere in dispensation of this privileged function,” the plea contended.

“It would be appropriate to state that the High Court under Article 226 of the Constitution is not supposed to legislate the Rules and also not supposed to direct the Law Framing Authority to legislate or amend the law, being a function assigned to Legislature/Law Framing Authority” the Court observed. ILNS/AP/RJ

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