Joint hearing of Writ appeal and Writ Petition
Querist :
Anonymous
(Querist) 04 July 2010
This query is : Resolved
Ld Counsels,
Is it possible to seek joint hearing of Writ appeal and Writ petition before the High court. The matter in both the proceedings are related to a criminal case but the respondents in both the proceedings (WP and WA) will be different.
WA will be againt the office of public prosecutor and WP will be against the office the polcie officers.
Please clarify.
Raj Kumar Makkad
(Expert) 04 July 2010
No. This is neither practical nor is heard in the judicial history of India.
James Arun
(Expert) 05 July 2010
Writ Appeal is heard by a Division Bench, consisting of at least 2 Judges. Writ Petition is heard by a Single Judge. You cannot bring a matter to be heard by a Division Bench before a Single Judge. However, in special circumstances, it is possible to bring a matter currently before a Single Judge, if the matters are connected, and if the parties are the same, (public prosecutor and police officers both represent the state), arising out of the same cause of action, it is possible to file an IA before the Division Bench, calling for the matter before the Single Judge to be heard by the Division Bench hearing the Writ Appeal. At the discretion of the Hon'ble Division Bench hearing the WA, the WP in front of the Single Judge can be clubbed/connected with the WA, to ensure that two conflicting orders are not passed in the same matter.
