IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, RAJESH SHANKAR, ARUN KUMAR RAI, JJ.
Court on its own motion - Appellant
Versus
Registrar General, High Court of Jharkhand & Others - Respondent
W.P.(PIL) No.4300 of 2024
Decided on : 23-09-2024
| Table of Content |
|---|
| 1. court addresses issues raised by the division bench. (Para 1 , 2) |
| 2. concerns raised regarding the registration and listing process. (Para 3 , 4 , 10) |
| 3. examination of the chief justice's authority in light of subordinate legislation. (Para 5) |
| 4. impact of the standing order on the bar and transparency. (Para 6 , 8 , 14) |
| 5. legal validity of standing order and its implications. (Para 16 , 20 , 22) |
| 6. affidavits filed regarding the standing order. (Para 24 , 25 , 26) |
| 7. administrative orders must align with established judicial protocols. (Para 32) |
| 8. recognition of the chief justice's authoritative role in judicial administration. (Para 64 , 102) |
| 9. clarification on the chief justice's authority regarding rules. (Para 67 , 70 , 73) |
| 10. judicial review limits on administrative decisions. (Para 82 , 86) |
| 11. conclusion on the interpretation of the standing order. (Para 100 , 101) |
| 12. final order quashing previous order. (Para 104 , 105) |
JUDGMENT :
1. The present case has been registered by this Court on its own motion on the basis of the report of the learned Registrar General, with respect to passing of an order by a Division Bench of this Court dated 30.07.2024 in Filing No.:- Cr.Appeal (D.B.) No.17440 of 2024, whereby the operational system of filing brought in effect by way of Standing Order No.9 of 2024, dated 09.07.2024, issued by the order of the then Hon’ble the Chief Justice, has been directed to be stayed.
2. Faced with such a situation, and after going through the order passed by the learned Division Bench, a Full Bench was constituted in order to deal with the prevalent situation.
3. The learned Division Bench has passed the following order :-
“This matter has been listed today, with a filing number. The matter is yet to be registered.
2. The matter is still defective. Office has also raised an objection on maintainability.
3. Learned counsel for the appellant submits that he was unaware that the matter would be listed today. He submits that he did not even know about the progress of the matter as it was difficult for him to track the matter since the same was not even registered and without being registered this matter has been listed.
4. On query, learned counsel for the appellant and large number of members of Bar submitted that a Standing Order being Standing Order No.9 of 2024 dated 09.07.2024 has been issued under the signature of the Registrar General of this Court and on that basis this matter has been listed without being registered. Members of the Bar in one voice stated that because of the said Standing Order, they are facing severe difficulty. They submitted that even power has been given to the learned Registrar General to dismiss a matter if the defects are not removed. Further to remove the defects, interlocutory application has to be filed and if the matter is dismissed, the same cannot be restored and a fresh application again has to be filed. Filing and listing of case is governed by the High Court of Jharkhand Rules and in effect Standing Order No.9 of 2024 dated 09.07.2024 has superseded the High Court of Jharkhand Rules without any amendment to that effect. Learned counsel also submits that the Standing Order has in fact over ridden the provisions and procedure laid down by the High Court of Jharkhand Rules so far as filing and registration of a case is concerned without amending the said Rules. They further submit that as per Rule 69 of the High Court of Jharkhand Rules, ‘Designated Officer’ does not have a power to dismiss a case. It is contended that Rule 70 of the High Court of Jharkhand Rules is also not applicable in this context nor does the Rule 307 of the High Court of Jharkhand Rules. Further, they submit that law of limitation will also get affected by virtue of this Standing Order. They produced a copy of the Standing Order. The same is kept on record.
5. We have perused the Standing Order. In fact, this Standing Order amends the High Court of Jharkhand Rules. The very first line of th
Dalpat Kumar and Another vs. Prahlad Singh and Others
State of Rajasthan v. Prakash Chand
High Court of Judicature for Rajasthan v. Ramesh Chand Paliwal
Campaign for Judicial Accountability and Reforms v. Union of India
Asok Pande v. Supreme Court of India
Shanti Bhushan v. Supreme Court of India
Jasbir Singh vs State of Punjab
High Court of Karnataka v. Commr. of Customs
The authority of the Chief Justice to issue administrative directives is absolute and such directives should align with established rules without requiring concurrence from the Full Court.
A judge must operate within their assigned jurisdiction; any order made outside this scope is void.
The court cannot decide on the importance or complexity of a case without considering the merits of the connected petitions.
(1) Power of High Courts to initiate contempt proceedings cannot be used to obstruct parties or their Counsel from availing legal remedies.(2) Chief Justice does not have power, under Article 229, to....
Judicial functions related to appeal admissions under Order 41 Rule 11 cannot be delegated to administrative staff but must be performed by the court, as established by substantive provisions of the ....
Judicial functions regarding the admission of appeals under the Code of Civil Procedure must be performed by the court, not delegated to registrars, preserving the integrity of judicial review.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.