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New Delhi, March 5
The Supreme Court on Thursday ruled that high courts cannot interfere with orders of civil courts while exercising writ jurisdiction relating to their power to quash orders of inferior courts.
"We are of the view that judicial orders of civil courts are not amenable to a writ of certiorari (writ issued by SC or HCs for quashing orders of inferior courts, tribunals and quasi-judicial bodies) under Article 226 (power of High Court to issue certain writs)," a three-judge bench of Chief Justice HL Dattu and justices AK Sikri and Adarsh Kumar Goel said.
The decision came on a reference sent to the CJI for an authoritative pronouncement by a two-judge bench of the apex court on whether the a writ can be issued under Article 226 of the Constitution even against a judicial order of a civil court, questioning the court’s view taken in a 2003 case called Surya Dev Rai vs Ram Chander and Ors.
The two-judge bench had differed with the earlier verdict on the issue and had referred the matter to the CJI for decision by a larger bench.
In its verdict, the three-judge bench, in its verdict, said, "We are also in agreement with the view of the referring Bench that a writ of mandamus (orders from SC/HCs to lower courts to perform statutory duty) does not lie against a private person not discharging any public duty. Accordingly, we answer the question referred as follows: (i) Judicial orders of civil court are not amenable to writ jurisdiction under Article 226 of the Constitution;..
Contrary view in Surya Dev Rai is overruled."
Referring to various case laws, Justice Goel, writing the judgment for the bench, said, "It is necessary to clarify that expression 'judicial acts' is not meant to refer to judicial orders of civil courts... In fact, when the question as to scope of jurisdiction arose in subsequent decisions, it was clarified that orders of judicial courts stood on different footing from the quasi- judicial orders of authorities or tribunals." — PTI
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