Court Registry - Limits and powers

 

Important Points

1. Numbering by Court Registry is a Administrative task
2. Maintainability is under the realm of court and NOT registry
3. Non listing of petition irrespective of the seriousness of alleged offense impinges on rights and liberties of the accused.

Leading Cases

1. P. Surendran Vs State by Inspector of Police ( 2019 9 SCC 154 )

Para 10 - The act of NUMBERING a petition is purely ADMINISTRATIVE.

 

The Objections taken by the Madras Hight Court Registry on the aspect of MAINTAINABILITY requires JUDICIAL application of mind by utilizing appropriate judicial standard .......  In this context,

 

we accept the statement of the Attorney General, that the determination in this case is a judicial function and the Hight court Registry could not have rejected the numbering.

 

Para 11 - Therefore, we hold that the High Court Registry could not have exercised such judicial power to answer the maintainability of the petition, when the same was in the realm of the Court.

 

As the power of judicial function cannot be delegated to the Registry, we cannot sustain the order, rejecting the numbering/registration of the Petition , by the Madras High Court Registry.

 

Accordingly, the Madras High court registry is directed to number the petition and place it before an appropriate bench. 




2. Chunni Lal Gabba Vs Assistant Director ( Directorate of Enforcement ) SLP 11581/2021 - link 
1. In SC - a SLP filed requesting to allow hearing of Bail u/s 439 CrPC pending since 1y
2. SC 
1. Normally SC won't interfere
2. But constrained to pass order where the Bail application is not being listed for hearing for past 1y.
3. The accused has Right to hearing of his application for bail
4. In fact denial to hearing is INFRINGEMENT of his rights and liberties guaranteed to accused.
5. Non Listing defeats the Administration of Justice
6.  Non listing of application of regular bail, irrespective of seriousness or lack of, of the offense attributed to the accused, Impinges on liberty of the person in custody.
7. the right of the accused of hearing of application for bail is not taken away by not entertaining such application on the mentioning memo.