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1990 Supreme(SC) 845
SUPREME COURT OF INDIA
Ranganath Misra, M.M. Punch, S.C. Agrawal, JJ.
Union of India - Petitioner
Versus
Jagran Prakashan & Ors. - Respondents
Transfer Petitions Nos. 9-12 if 1990.
Decided On : 17-02-1990
The Supreme Court has the jurisdiction to transfer pending writ petitions from High Courts for disposal and can impose restrictions on filing new writ petitions in any High Court.
Headnote:
Transfer of Writ Petitions - Jurisdiction - High Courts - Transfer of pending writ petitions from various High Courts to the Supreme Court for disposal. Restriction on filing new writ petitions in any High Court after a specified date. Listing of interim applications in the Supreme Court after transfer of records from High Courts.
Fact of the Case:
The Supreme Court heard the Solicitor General for the Union of India and various counsel for newspapers and workmen's unions. It decided to transfer pending writ petitions from the High Courts of Allahabad, Delhi, and Bombay to the Supreme Court for disposal. It also imposed a restriction on filing new writ petitions in any High Court after a specified date and directed the listing of interim applications in the Supreme Court after the transfer of records from High Courts.
Finding of the Court:
The Supreme Court found it appropriate to transfer the pending writ petitions to ensure their disposal in accordance with the law. It also restricted the filing of new writ petitions in any High Court on the subject and directed the listing of interim applications in the Supreme Court after the transfer of records from High Courts.
Issues: Transfer of pending writ petitions from High Courts to the Supreme Court, restriction on filing new writ petitions in any High Court, listing of interim applications in the Supreme Court.
Ratio Decidendi: The Supreme Court has the jurisdiction to transfer pending writ petitions from High Courts for disposal. It can impose restrictions on filing new writ petitions in any High Court and direct the listing of interim applications in the Supreme Court after the transfer of records from High Courts.
Final Decision: The Supreme Court ordered the transfer of pending writ petitions from various High Courts to the Supreme Court for disposal. It imposed a restriction on filing new writ petitions in any High Court after a specified date and directed the listing of interim applications in the Supreme Court after the transfer of records from High Courts.
ORDER :
1. We have heard learned Solicitor General for the Union of India and various learned counsel appearing for the newspapers and workmen's unions. We are of the view that on the facts as alleged it is appropriate that the Writ Petitions pending in the High Court of Allahabad (728/89 and W.P. Number not available of 1989 of Messrs Pioneer Limited), Writ Petitions Nos. 2909 and 3325 of 1989 pending in the Delhi High Court and Writ Petition No.82 of 1990 pending in the Bombay High Court should be transferred to this Court for disposal in accordance with law.
2. If any further petitions have already been filed in any High Court, the same should also be transferred to this Court by virtue of our present direction and be clubbed together with these petitions. The Registrars of the different High Courts may be informed by the Registry to give effect to this Order.
3. No writ petition shall be presented in any High Court after the 28th of January, 1990 on this subject and anyone interested in joining the challenge should institute proceedings only in this Court.
4. Interim applications pending in the connected Writ Petitions shall now be listed in this Court on the 25th of January, 1990 after the records are received. Registry shall take steps to call for the records from the respective High Courts forthwith so a reach this Court on or before the 23rd instant.
