Supreme Court justices must adhere to the jurisdiction assigned by the Chief Justice: Supreme Court

The court made this observation in a case where the Allahabad High Court dismissed a writ petition seeking quashing of a First Information Report (FIR) in a criminal case under Article 226 of the Constitution of India.

As a matter of fact, this writ petition was rejected by the Supreme Court. inefficient because an accusation file was filed and the first instance court learned about the accusations when the petition was taken to hearing.

Counsel for the petitioners argued that the Supreme Court could frame the order and convert the petition into a petition under Article 227 (the Supreme Court’s supervisory jurisdiction over all courts in a district) to deal with the case on merits, instead of merely dismissing Article 226. The petition is deemed invalid.

But the Supreme Court disagreed.

“Petitions under Article 226 A judge of a high court appointed by the Chief Justice for hearing and decision shall not proceed with the petition if he (the Judge) finds that the petition under Article 226 should ideally be filed under Article 227. The Chief Justice also shall not proceed with the petition under the Constitution.” “If the petitioner has not appointed for hearing and decision the petitions made to such Judges under Article 227, he shall hear and decide as a single person under Article 227, which shall be considered as a petition under Article 227, to be submitted before the learned Judge appointed under Article 227.” The court observed this in its decision dated October 15.