The Supreme Court has power under Article 139-A of the Constitution 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. This Article 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Provided that the Supreme Court may after determining the said questions of law return any case so withdrawn together with a copy of its judgment on such questions to the High Court from which the case has been withdrawn, and the High Court shall on receipt thereof, proceed to dispose of the case in conformity with such judgment.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.”
On certain issues (such as, writ petitions relating to enforcement of fundamental rights), the Supreme Court and the high Courts may have concurrent jurisdiction. Therefore, it may become necessary for the Supreme Court, sometimes, to withdraw cases from the High Courts to itself when the same question of law is involved.
Generally speaking, the court of the judicial magistrate may not be having such cases which would involve the same question of law which is involved in a case pending before the Supreme Court. This is mainly because their jurisdictions are entirely different. The court of the judicial magistrate would generally be involved in conducting trial of criminal cases, and such court has no power to entertain a writ petition. The Supreme Court does not conduct trial of criminal cases, though, of course, it may hear appeals in such matters at a later stage.
Yet, in certain exceptional situations, for example, when a bail application is being heard by the judicial magistrate, and a bail application of the same accused person in some related case or the bail application of some other accused in the same case is presently pending before the Supreme Court, it may be open to the Supreme Court to withdraw such case from the court of the judicial magistrate and decide all such cases together in the interest of justice. However, if at all it happens, it will not be done under Article 139-A of the Constitution, but in exercise of the powers of the Supreme Court under Article 142 of the Constitution.
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. List of his YouTube Videos.
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