Research › Search › Judgment

Allahabad High Court · body

2008 DIGILAW 1309 (ALL)

YUDHVEER @ BATA v. STATE OF UTTAR PRADESH

2008-07-11

A.P.SAHI

body2008
JUDGMENT Hon’ble A.P. Sahi, J.—Heard Sri D.S. Mishra learned Counsel for the applicant and Sri Mewa Lal Shukla, learned A.G.A. for the State. 2. The first bail application was rejected by me on 29.4.2008 whereafter this second bail application was moved and came before me on 19.5.2008 on which date the learned Counsel for the applicant was not present and therefore, the case was listed with previous papers before the appropriate Bench in the next cause list. Learned Counsel for the applicant moved an urgency application in the matter and it is stated that the Hon’ble Senior Vacation Judge Hon’ble Justice Rafat Alam passed an order for listing it before the appropriate Bench on 3rd June, 2008. During vacations, the Bench dealing with minor bails was presided over by Hon’ble Justice Surendra Singh, who passed an order to list the case before the appropriate Bench, whereafter the matter was listed before Hon’ble Justice Arun Tandon. On 3rd June, 2008 an order was passed calling upon the Government Advocate to seek instructions on the second bail application. On 6th June, 2008, Hon’ble Justice Arun Tandon passed an order that it would be appropriate that the records be placed before the Senior Vacation Judge for examining as to whether the second bail application is to be heard by me or by some other Judge nominated by Hon’ble the Senior Vacation Judge, as I was not sitting during vacations. 3. In the aforesaid circumstances, the then Senior Vacation Judge, who exercises the powers of Hon’ble Chief Justice during vacations, passed an order for nomination, nominating Hon’ble Justice S.K. Jain and fixed the case for 18th June, 2008. The aforesaid powers are exercisable under Chapter V Rule 10(2) of the Allahabad High Court Rules. The rule is quoted herein below : “Subject to any general or special order of the Chief Justice, the seniormost vacation Judge at Allahabad or Lucknow, as the case may be, shall in the absence of the Chief Justice exercise jurisdiction at Allahabad or Lucknow, as the case may be, in connection with the arrangement of Benches, listing of cases and other like matters.” 4. It is now well settled by the Apex Court that the power to nominate or decide the jurisdiction of Hon’ble Judges of the Court vests in the Chief Justice as he is the master of the roster. It is now well settled by the Apex Court that the power to nominate or decide the jurisdiction of Hon’ble Judges of the Court vests in the Chief Justice as he is the master of the roster. This stands reflected in the following judgments of the Apex Court : (1) State of Rajasthan v. Prakash Chand, AIR 1998 SC 1344. (2) A.H. Ansari and others v. High Court of Judicature at Allahabad, 2000 (1) AWC 392 (SC). (3) Jasbir Singh v. State of Punjab, 2006 (8) SCC 294 (Para 19). 5. Apart from the above, our Court has reiterated the said view in the following two decisions : (1) Awadh Naresh Sharma v. State, 2008 (1) ADJ 118. (2) Sanjai Mohan v. State, 2008 (2) ADJ 397 . 6. It is in exercise of such powers that the Senior Vacation Judge passed the orders for nomination. 7. The case, therefore, stood automatically released from my Bench with the aforesaid fresh nomination. There was no point in treating the case to be tied up to this Bench. It was a 2nd Bail Application and for which a special request was made by the learned Counsel to hear it during vacation. 8. Not only this, the matter was nominated to Hon’ble Justice S.K. Jain and Hon’ble Justice A.K. Roopanwal who also released the matter. It is, thereafter, that the order has been passed for being placed before Hon’ble Justice Shiv Shankar, who has passed a detailed order on 2nd July, 2008 treating the matter as to be still tied up to this Bench in view of the two Supreme Court decisions referred to therein. 9. It appears that the aforesaid rule of Chapter V of the Allahabad High Court Rules was not brought to the notice of the learned Single Judge nor the decisions in this regard that the Chief Justice is the master of the roster and he can resume the matter from any Bench and nominate it to another Hon’ble Judge. There was no occasion for me to pass any fresh orders for release after the fresh nominations referred to hereinabove. 10. In view of this, the order dated 2nd July, 2008, may require reconsideration by Hon’ble the Chief Justice for passing fresh orders keeping in view the fact that I am regularly sitting in a Division Bench. 11. There was no occasion for me to pass any fresh orders for release after the fresh nominations referred to hereinabove. 10. In view of this, the order dated 2nd July, 2008, may require reconsideration by Hon’ble the Chief Justice for passing fresh orders keeping in view the fact that I am regularly sitting in a Division Bench. 11. Let the papers be placed before Hon’ble the Chief Justice/Senior Judge for passing appropriate orders. Lay/List before Honble Justice S.C. Nigam. ————