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

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.

Supreme Court’s Powers to Transfer Cases And Writs

Transfer Of Cases

• 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.

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Writ Powers (Article 32)

• 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.

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