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1997 Supreme(SC) 1570

A.S.ANAND, M.K.MUKHERJEE, K.VENKATASWAMI
State of Rajasthan – Appellant
Versus
Prakash Chand – Respondent


Advocate Appeared:
For the Appellant:Mr. Ashok H. Desai, Mr. Attorney General for India, Mr. Manoj K. Las, Mr. Srilok Nath Rath, Mr. Nikhilesh Ramachandran, Ms. Rina Bagga and Mr. Aruneshwar Gupta, Advocates.
For the Respondent No. 2:Mr. T.R. Andhayarujina, Solicitor General of India, with Mr. Subrat Birla and Mr. K.L. Janjani, Advocates.

Judgment

A.S. Anand, J.

1. Leave granted.

2. This is an unusual case. The observations, comments and allegations made and the order passed by a learned Single Judge of the Rajasthan High Court, Mr. Justice Shethna, in relation to a disposed of writ petition, by sending for its record in a totally unrelated and unconnected criminal revision petition, which have been put in issue in this appeal, touch not only upon the discipline of the High Court and the powers of the Chief Justice to assign cases and allot Benches but also the larger issue of judicial propriety. The order directing issuance of notice of contempt to the Chief Justice of the High Court raises a fundamental question about the jurisdiction of a single Judge to issue such a notice in the established facts of the case. It is not individuals but the prestige of the Institution which is at stake in this case. The manner in which 'allegations' have been made against the Chief Justice of the High Court, the Division Bench of the High Court which had disposed of the writ petition and some of the former Chief Justices of the Rajasthan High Court, including the present Chief Justice of India, Mr. Justice J.S. Verma, has caused us

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