Under what rule Supreme Court club/transfer petitions from high court to itself?

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This topic contains 1 reply, has 2 voices, and was last updated by Dr. Ashok Dhamija Dr. Ashok Dhamija 2 weeks ago.

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  • #4002

    Anonymous
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    If there are cases pending in different high courts and also in Supreme Court, then under what rule can Supreme Court club together or transfer these cases to itself? I read from media that recently in Judge Loya death case, Bombay High Court was hearing petitions but the Supreme Court clubbed that case with its own case. Where is the power to do it?

  • #4005

    Article 139-A of the Constitution empowers the Supreme Court to withdraw cases from one or more high courts to itself, when cases involving similar questions of law are pending before the Supreme Court and one or more High Courts or before two or more High Courts and if Supreme Court is satisfied that such questions are substantial questions of general importance. So, this constitutional provision allows the Supreme Court to club together or transfer cases pending in one or more high courts involving the same question of law. Article 139-A is reproduced below:

    139-A. Transfer of certain cases.—(1) Where cases involving the same or substantially the same questions of law are pending before the Supreme Court and one or more High Courts or before two or more High Courts and the Supreme Court is satisfied on its own motion or on an application made by the Attorney-General of India or by a party to any such case that such questions are substantial questions of general importance, the Supreme Court may withdraw the case or cases pending before the High Court or the High Courts and dispose of all the cases itself:

    Provided that the Supreme Court may after determining the said questions of law return any case so withdrawn together with a copy of its judgment on such questions to the High Court from which the case has been withdrawn, and the High Court shall on receipt thereof, proceed to dispose of the case in conformity with such judgment.

    (2) The Supreme Court may, if it deems it expedient so to do for the ends of justice, transfer any case, appeal or other proceedings pending before any High Court to any other High Court.”

         


    Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers.

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