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’


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


Please enter your comment!
Please enter your name here

Latest news

SC pulls up UPSC, Jharkhand PSC for violating DGP appointment rules

The Supreme Court has directed the Union Public Service Commission and the Jharkhand Public Service Commission to...

SC reverses Tribunal Reforms Ordinance on age limit of lawyers as Tribunal members

New Delhi, Jul 15 (ILNS) The Supreme Court has reversed the provisions made to the Finance Act,...

SC issues notice on plea challenging Section 124A of Indian Penal Code

New Delhi, Jul 15 (ILNS) The Supreme Court today issued notice on a petition challenging the constitutional...

Rotary and Tata Trusts to collaborate in Cancer care, Covid care, Nutrition, Rural Uplift Livelihoods, to supplement efforts towards strengthening the nation

New Delhi, July 14 (ILNS) The Tata Trusts and Rotary today announced a five-year collaboration to scale...

Bar Council of Delhi distributed more than Rs 19 crore to lawyers during lockdown: BCD Chairman Ramesh Gupta

New Delhi, Jul 14 (ILNS) The Bar Council of Delhi is reaching out to the lawyers, who...

NGT flays Haryana over sewage overflow on National Highway-19

New Delhi, Jul 14 (ILNS) The National Green Tribunal has pulled up the state of Haryana over...

Must read

You might also likeRELATED
Recommended to you