The Hindu : New Delhi News : Don't misuse "inherent power," High Courts told

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Saturday, Apr 15, 2006

New Delhi

New Delhi

Don't misuse "inherent power," High Courts told

Legal Correspondent

New Delhi: The Supreme Court has cautioned the High Courts against misusing their `inherent power' of jurisdiction in criminal cases under Section 482 of the Criminal Procedure Code. This power has to be exercised only to achieve real justice for the administration of which alone courts exist, a Bench said.

Pulling up the Patna High Court for passing orders exceeding its `inherent power,' Justices Arijit Pasayat and S.H. Kapadia said: "The authority of the court exists for advancement of justice and if any attempt is made to abuse that authority so as to produce injustice, this court has the power to prevent abuse." It would be an abuse of the process of court to allow any action which resulted in injustice and prevented promotion of justice.

Giving a warning, the Bench said, "the powers possessed by the High Court under Section 482 of the Code are very wide and the very plenitude of the power requires great caution in its exercise."

In the present case, a chief judicial magistrate, after taking cognisance of a charge sheet filed in a criminal case, ordered the deletion of names of some accused since they were included due to a clerical mistake. On appeal, the High Court held that the CJM ought not to have recalled his order.

Allowing an appeal against this judgment, the Bench said the inherent power should be exercised with caution and only when the exercise was justified by the tests specifically laid down in the Section itself.

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