New Delhi: The Supreme Court has mentioned that the judges have to follow self-discipline and ought not to take up any case unless particularly assigned by the Chief Justice. The prime courtroom noticed that taking up a case not particularly assigned by the chief justice was an “act of gross impropriety” and puzzled how a civil writ petition for clubbing FIRs may very well be entertained. The SC made the observations whereas listening to an attraction difficult an order handed by the Rajasthan High Court.
A bench of justices Abhay S Oka and Pankaj Mithal was listening to the order of the Rajasthan High Court handed in May which had directed that no coercive steps shall be taken in opposition to three individuals in reference to eight FIRs.
The bench mentioned that the three individuals had first approached the excessive courtroom searching for to quash the FIR, nonetheless, they did not get an interim reduction. It famous thereafter, they filed a separate writ petition on the civil facet for clubbing the eight FIRs and consolidating them into one.
Appellant Ambalal Parihar, at whose occasion six FIRs have been registered in opposition to the three individuals, claimed earlier than the apex courtroom that the tactic of submitting a civil writ petition was invented and it was executed to keep away from the roster choose who had not granted interim reduction.
“This is a classic case of forum hunting by the second to fourth respondents. Thus, this is a case of gross abuse of process of law,” the bench noticed. It famous that within the roster notified by the chief justice, there was a separate roster for legal writ petitions.
SC makes sharp observations
The bench mentioned that if the courts are permit “such sharp practices”, the roster notified by the chief justice “will have no meaning”.
“The judges have to follow self-discipline and ought not to take up any case unless it’s particularly assigned by the chief justice,” the bench mentioned in its October 16 verdict. It added {that a} choose can take up a case offered both the instances of that class have been assigned to him as per the notified roster or the actual case was particularly assigned by the chief justice.
“Though a civil writ petition was filed, the judge ought to have converted into a criminal writ petition which could have been placed only before the roster judge taking up criminal writ petitions,” the highest courtroom mentioned.
The bench mentioned it was certain that this conduct of the three litigants can be thought of by the involved courtroom taking up petitions beneath part 482 of the Code of Criminal Procedure (CrPC) searching for quashing of the FIRs.
“We direct the registrar (judicial) of the Rajasthan High Court to place a copy of this order in all eight petitions under section 482 of CrPC filed by the second to fourth respondents for quashing First Information Reports,” it mentioned.
(With PTI inputs)
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