HC can't meddle with independence of lower judiciary: SC

New Delhi, Oct 20 (UNI) The Supreme Court today held that High Courts could not interfere with the judicial functions of subordinate courts as its independence ''is of paramount importance''.

A bench of Justices K G Balakrishnan and A R Lakshmanan handed down the ruling while defining powers of superintendence given to the High Court under Articles 227 and 235 of the Constitution.

The ruling came in response to an appeal by Jasbir Singh whose bail application was first dismissed and later allowed by the Punjab (Nabha) Sessions court.

On April, 2003, the administrative Judge of Punjab and Haryana High Court visited Nabha jail during an annual inspection and the appellant, who was in the jail for offences of criminal conspiracy, forgery, had given the visiting Judge an application for his bail.

The Judge had directed Sessions Judge Fatehpur Sahib to enlarge the accused on bail after looking into the bail application.

On May 5, 2003, the Sessions Judge rejected the bail application.

However, after the order of the inspecting Judge was brought to his notice, he granted him bail the next day.

The report submitted by the Chief Justice of Punjab and Haryana High Court indicated that receiving applications from inmates for grant of bail has become a routine. ''In some cases, the Inspecting Judge would himself grant bail while in others, he directs lower courts to enlarge the applicant on bail.

The Chief Justice categorically denied having given such jurisdiction to any of the Judges during their inspection to jails.

Clarifying the ambit of powers given to the High Courts over the subordinate courts in their respective states, the Chief Justice said, ''The power of superintendence over the subordinate courts and tribunals is given to the High Court under Article 227 of the Constitution. So also under Article 235 of the Constitution, the High Courts exercise control over all district courts and courts subordinate thereto on all matters relating to postings, promotions and grant of leave to officers belonging to the state judiciary.'' ''However, such power of superintendence does not imply,'' he said, adding ''the extraordinary power under Article 227 can only be used by the High Courts to ensure that the subordinate courts function within the limits of their authority.'' The apex court also said, ''In the course of Inspection, a High Court Judge cannot pass any order on interim applications such as bail petitions or transfer applications or applications for interim injunction, howsoever justified they may be.'' However, the inspecting Judges would be at liberty to receive complaints or petitions in the course of inspection so as to bring the same to the notice of the appropriate court or to the registry of the High Court.

UNI AKS/SC HS BD1841