Saturday, 15 August 2020

Supreme Court: General guidelines issued by the High Court cannot override the specific directions given by Supreme Court

One common reason mentioned by the concerned
court is about the guidelines issued by the High
Court for functioning of Court(s) within the State
during the pandemic period for taking up only
urgent cases. Thus, the trials in the concerned
case could not proceed despite the peremptory
direction given by this Court. This reason, in our
opinion, is unacceptable. For, general guidelines
issued by the High Court cannot override the
direction(s) given by this Court on the judicial
side in the given case, which the concerned
Court(s) and all concerned are expected to comply
with without any demur in its letter and spirit,
unless relaxed by this Court.
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
MISCELLANEOUS APPLICATION NO.1338/2020
IN
SPECIAL LEAVE PETITION (CRL.) NO.11315/2019

ANKIT MAHESHWARI ALIAS CHINTOO Vs  THE STATE OF MADHYA PRADESH

Date : 14-08-2020 These matters were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE A.M. KHANWILKAR
HON'BLE MR. JUSTICE DINESH MAHESHWARI
HON'BLE MR. JUSTICE SANJIV KHANNA


UPON hearing the counsel the Court made the following
O R D E R
These matter(s) are listed before us with
office report(s) mentioning about non-compliance of
the directions given for completing the trial
within the specified period in terms of order(s)
passed by this Court.

We have perused the communication(s) sent by
the respective Courts, which incidentally are from
the same State of Madhya Pradesh.
One common reason mentioned by the concerned
court is about the guidelines issued by the High
Court for functioning of Court(s) within the State
during the pandemic period for taking up only
urgent cases. Thus, the trials in the concerned
case could not proceed despite the peremptory
direction given by this Court. This reason, in our
opinion, is unacceptable. For, general guidelines
issued by the High Court cannot override the
direction(s) given by this Court on the judicial
side in the given case, which the concerned
Court(s) and all concerned are expected to comply
with without any demur in its letter and spirit,
unless relaxed by this Court. We say no more.
Be that as it may, we direct the concerned
Court(s) to ensure that the trial in the respective
case(s) is concluded not later than end of
December, 2020 and to submit compliance report in
the Registry of this Court within the same time.
Registry of this Court is directed to
forward a copy of this order through e-mail/on-line

to the concerned Court(s) for information and
necessary action and also to the Registrar General
of the High Court to be placed before the Chief
Justice of the High Court for issuing appropriate
clarification/directions to the subordinate
Court(s) to ensure compliance of the order(s) that
are being passed by this Court for expeditious
disposal of cases.
Miscellaneous applications are disposed of
in the above terms.

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