National
`High Court cannot over-rule SC decision'
By T. Padmanabha Rao
NEW DELHI, JAN. 23. ``It is impermissible for the High Court to overrule the decision of the Supreme Court on the ground that it (SC) laid down the legal position without considering any other point'', the SC has cautioned.
``It is not only a matter of discipline for the HCs, it is the mandate of the Constitution as provided in Article 141 of the Constitution that the law declared by the Supreme Court shall be binding on all courts within the territory of India'', the Bench said.
Delivering the judgment in an appeal, Justice K.T. Thomas noted that ``a learned single judge of the Kerala HC (in Rajendran's case, 2001) has committed an impropriety by expressing'' that a ``legal direction of this court (apex court in Hari Singh's case, 1988) should not be followed by the subordinate courts in Kerala.''
Expressing the ``disapproval of the course adopted by the single judge of the HC in Rajendran's case'', the Bench which included Justice S.N. Phukan commented that ``it is unfortunate that when the session judge (Kerala) has correctly done a course in accordance with the discipline, the single judge of the HC has incorrectly reversed it''.
Send this article to Friends by
E-Mail
National
|
