Editorial of the Day (30th Jan): Judge vs Judge

Table of Contents

SC takes over the case from feuding Calcutta HC Justices

Context: The Supreme Court transferred a case from Calcutta High Court to itself due to an ongoing feud between the Calcutta High Court judges.

Article 139A of the Constitution (introduced by 42nd CAA, 1976): The Supreme Court may withdraw a case or cases pending before the High Court or High Courts and dispose of all such cases itself.
It can also transfer cases from one High Court to another High Court or from a Court subordinate to one High Court to another High Court.
This is done when cases involving the same or substantially the same questions of law are pending before the Supreme Court and one or more High Courts.
Section 25 of the Code of Civil Procedure, 1908: This section gives the Supreme Court the power to transfer civil cases or appeals.
Section 406 of the Code of Criminal Procedure, 1973: Under this section, the Supreme Court can transfer criminal cases or appeals from one High Court to another or from a criminal court under one High Court to another High Court.

We’re now on WhatsApp. Click to Join

Habeas Corpus: A writ requiring a person under arrest to be brought before a judge or into court, to secure the person’s release unless lawful grounds are shown for their detention.
Mandamus: A command issued to a lower court or government official ordering them to properly fulfill their official duties or correct an abuse of discretion.
Prohibition: A writ directing a subordinate to stop doing something the law prohibits.
Quo Warranto: A writ or legal action requiring a person to show by what warrant an office or franchise is held, claimed, or exercised.
Certiorari: A writ or order by which a higher court reviews a decision of a lower court.