Jasbir Singh vs State of Punjab - Supreme Court Case

 Jasbir Singh vs State of Punjab - Supreme Court Case Summary of Leading Case - 

On 11th October, 2006, a two Judges Bench in Jasbir Singh vs State of Punjab [Criminal Appeal No.1039 of 2006] held that the “extraordinary power under Article 227 of the Constitution can only be used by the High Courts to ensure that the subordinate Courts function within the limits of their authority” and that the “High Court cannot interfere with the judicial functions of a subordinate Judge.”

“The independence of the subordinate Courts in the discharge of their judicial functions is of paramount importance, just as the independence of the superior Courts in the discharge of their judicial functions. It is the members of the subordinate judiciary who directly interact with the parties in the course of proceedings of the case and therefore, it is no less important that their independence should be protected effectively to the satisfaction of the litigants”, the Bench said.

The Bench held that though “in the course of inspection, the High Court Judge is required to examine whether the Courts are functioning within the norms laid down by the High Court”, but “mostly the inspection is to be confined to the administrative functioning of the Courts and its officers.” It held that “under no circumstances, the Inspecting Judge, as part of his administrative duty enjoys the power to interfere with the judicial functions of the subordinate Courts in individual cases. In the course of inspection, a High Court Judge cannot pass any order on interim applications, such as bail petitions or transfer applications or applications for interim injunction, howsoever justified they may be.” “Of course, he can give administrative directions to the Presiding Officer or to any of the subordinate staff, if such directions are pertinent in the context of administration of justice”

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