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2019 Supreme(Pat) 1695

AMRESHWAR PRATAP SAHI, ANJANA MISHRA, ANIL KUMAR UPADHYAY
In Re, Suo Motu Cognisance by a Special Bench of 11 Judges arising out of Order Dated 28/08/2019 passed in Criminal Miscellaneous No. 4117/2018 by a learned Single Judge – Appellant
Versus
Union of India through the Secretary, Ministry of Home Affairs, New Delhi – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Y.V. Giri, Sr. Advocate Mr. Sumit Kumar Jha, Advocate Ms. Shrishti Singh, Advocate
For the Respondents:Mr. Lalit Kishore, Advocate General Mr. S.D. Sanjay, Addl.S.G.
For the Vigilance : Mr.Anjani Kumar (L.O.I/C Vig.)

JUDGMENT :

AMRESHWAR PRATAP SAHI, J.

1. A question of seminal importance of jurisdiction of a learned Single Judge of this Court and the exercise of power by him in the background of a controversy relating to the passing of an order after summoning the file from the office on oral instructions which had long been disposed of on 23rd of March, 2018, was brought to the fore and an 11 Judges Bench had to be constituted by the Chief Justice wherein the entire facts giving rise to the controversy was narrated in detail and the order of the learned Single Judge dated 28th of August, 2019 passed in Cr. Misc. No. 4117 of 2018 was put under suspension with certain directions. The 11 Judges’ Bench in the operative part of the order also directed the matter to be placed before the Chief Justice on the administrative side for further appropriate action. The 11 Judges’ Bench may have thought it proper to entertain the matter apprehending an institutional crisis as was once experienced in the matter of Special Reference No. 1 of 1964, reported in AIR 1965 Supreme Court 745 looking to the nature and the contents of the order of the learned Single Judge dated 28.08.2019 that raised an issue of juris

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