Jurisdiction of lower court to discuss and argue applicability of hc order
Querist :
Anonymous
(Querist) 10 November 2011
This query is : Resolved
Hello,
This is a very strange situation, please advice:
1. H.C. passed stay orders in a case proceedings. The stay order is applicable to all accused in the case as it was granted against the petition filed by all the accused.
2. The complainant's counsel presented written application in the lower court stating that the stay order is not applicable to some of the accused.
3. The Lower Court Judge, initially asking the complainant's counsel to submit his contention in HC, accepted the application and asked the accused's counsel to submit reply to explain their reason on why the HC Stay Order is applicable to all accused.
Question:
A. Is the lower court right in it's decision to accept the application from complainant's counsel to discuss the authority of the HC Order?
B. Does the lower court has Jurisdiction to discuss the applicability of HC Order? If no, please also site the appropriate sections of CrPC that can be brought to the notice of lower court Judge.
Thank you.
Ajay Bansal
(Expert) 10 November 2011
The lower court has jurisdiction to dicuss the applicabillty of High Court's order to avoid any wrong implementation of said order by it.
Shonee Kapoor
(Expert) 10 November 2011
Why not, the court can discuss and interpret the judgement.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
prabhakar singh
(Expert) 10 November 2011
If desired to speak about the scope of the order you could have very well attached the order.More often than not Lower courts avoid to enter into several intricacies of HIGH COURTS' ORDERS.
ajay sethi
(Expert) 10 November 2011
lower court can examine the order passed by high court to find whether or not stay graned covers all the accused .
Advocate. Arunagiri
(Expert) 10 November 2011
When the complainant is raising the query about the applicability to the accused, then the lower court can infer the high court order, to see whether the stay is applicable to all the accused or not.
Querist :
Anonymous
(Querist) 10 November 2011
Hello all,
Thank you for your advice and views.
There is no dispute on the fact that the Stay Order is given for all the accused. What is being challenged by the complainant's lawyer is the correctness of the HC order in the lower court. This, in my opinion, is not correct and the lower court should not get into the debate whether the HC Order has any error.
If the complainant's lawyer had to at all challenge the HC order, the petition should be filed in HC. Lower Court, anyway, cannot waive off the stay order against the accused till the HC order stands and is not vacated by HC itself. If there is some error in the HC order, it can only be rectified by HC.
Prabhakar Sir is right in my opinion. The Lower Court should only read and interpret the HC Order instead of opening it for debate between the parties seeking their arguments. It will not serve any purpose and the Lower Court could possibly cause Contempt of HC depending on the debate proceedings and if any party interprets the order wrongly (deliberately) and causes damage to another party due to the same.
Querist :
Anonymous
(Querist) 12 November 2011
I was wondering if there is any Exact Section in CrPC that can restrict the lower court to review HC Order.
Thank you.
