Respected Members,
Namaskar!
In an instant Case the Honourable High Court had 'Stayed' the main Attachment Proceedings. However, in spite of the Honourable High Court Stay in force a Subordinate District Court Judge having knowledge about the Stay raises the Attachment in respect of few properties.
The Honourable High Court had Stayed the Attachment G.O. in which originally several properties were Attached. Whereas the lower Court Judge makes an observation in his Order while raising the attachment in respect of few properties that the High Court Stay will not bind him and releases few of the properties in spite of stiff opposition from the Government/Prosecution Side.
Subsequently, the Government/Prosecution has preferred a C.M.A. in the Honourable High Court challenging the subordinate Judge's Order of releasing the properties on the ground that when the Honourable High Court had already Stayed the main attachment proceedings the lower Court was not justified in releasing few of the properties and in this C.M.A. the Honourable High Court has Stayed the lower Court release Order and the C.M.A. is pending at present in the Honourable High Court. The Government/Prosecution has also challenged the lower Court's Order on other factual and legal grounds also.
Was the lower Court justified in releasing/raising the attachments of few properties when the main attachment proceedings were Stayed by High Court?
The lower Court has also referred to about the Stay of the Honourable High Court in its Order while releasing the properties and has observed that High Court Stay will not be binding upon for releasing the particular properties!
Further, the owners of the released properties do not cooperate with the prosecution for compounding and in spite of the Government/Prosecution stiffly objecting for releasing the properties the lower Court has released the properties!
Can a lower Court overrule a Higher Court Order?
I respectfully request the Honourable Members to educate me in this issue, especially whether a lower Court (District Court) can overrule the Honourable High Court Stay Order? Kindly please also help me with your valuable suggestions and citations.
Many thanks!