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Prakash Yedhula (Lawyer)     17 January 2009

Supreme Court moves Delhi High Court

Strange, we have come across the case where the Honourable Supreme Court has moved the Delhi High Court challenging the orders of the CIC in the judges disclosure of assets case.


The news item is availble at


https://lawyersclubindia.com/news/2009/1/sc_moves_hc_against_cic_order_on_judges_assets.asp


Is there any other instance like this? If so please share with us.



Learning

 4 Replies

Isaac Gabriel (Advocate)     18 January 2009

The commissioners and the Chief commissioner of the CIC are non-judicial officers and the decision of the commission for disclosing the assets of the Judicial officers is  administrative rather judicial.Yet,the order has trigggered legal prerogative and forced the highest legal forum to agitate before its subordinate entity to get rid of the direction or order.Though it constitutes legal parameters the  interpretationin assumes significance since the contention of the Executive authority is challenged and the legal forum has to adjudicate.This is an exraordinary situation and the citizens are puzzled to see thethe outcome of giants fight.

M. PIRAVI PERUMAL (Advocate & Consumer Rights)     18 January 2009

My view is that instead of Supreme Court Registry knocking the subordinate  Delhi High Court, the Supreme Court ought to have suo moto taken  the issue and passed appropriate orders as a case of PIL.  Myself as a lawyer awaiting eagerly the interpretation to made in the issue by the High Court . . .


 

Rajendran Nallusamy (Advocate)     19 January 2009

 Section 23 on Bar of jurisdiction of courts of the RTI Act rules, “No court shall entertain any suit, application or other proceeding in respect of any order made under this Act and no such order shall be called in question otherwise than by way of an appeal under this Act”. 


When such being the position, the SC ought to have filed an appeal.

Manish Singh (Advocate)     19 January 2009

Dear Sir,


thanks a lot for providing such an awesoem news. this is a historical matter in terms of history of the Indian Judiciary. I dont think it ever has happened before anytime.


we must remeber this day.


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