NDLI: Asok Pande Vs. Supreme Court of India Thr. Its Registrar and Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	145 Constitution of India: Arts. 32 136
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Constitution of India
Case Type	Writ Petition
Court	Supreme Court of India
Disposal Nature	Petition Dismissed
Headnote	Constitution of India:Arts. 32, 136, 145 – Power of CJI to constitute Benches andallocate work to different Benches – Petitioner seeking mandamusfor evolution of “set procedure” for constituting Benches-three judgeBench in the Court of Chief Justice to consist of Chief Justice andtwo senior-most judges while a Constitution Bench to consist offive senior-most judges; and allotment of cases to different Benchesin this Court – Held: Relief sought is misconceived – Mandamuscannot be issued to direct a body or authority vested with a rulemaking power to make rules or to make them in a particular manner– Supreme Court has been authorised u/Art. 145 to frame rules ofprocedure – Petitioner not entitled to seek a direction that Benchesof this Court be constituted in a particular manner or, that thereshould be separate divisions of this Court – In the allocation ofcases and the constitution of benches, the Chief Justice has anexclusive prerogative – Further, seniority in terms of appointmenthas no bearing on which cases a Judge should hear – Every Judgeappointed to this Court u/Art. 124 is invested with the equal duty ofadjudicating cases which come to the Court and are assigned bythe Chief Justice – In his capacity as a Judge, the Chief Justice isprimus inter pares: the first among equals – In the discharge of hisother functions, the Chief Justice of India occupies a position whichis sui generis – Art. 146 reaffirms the position of the Chief Justiceof India as the head of the institution – As repository of constitutionaltrust, the Chief Justice is an institution in himself – Thus, there cannotbe a presumption of mistrust. Art.32 – Initiation of contempt proceedings against the petitioner,whereby he was restrained from entering the High Court – Challengeto, in a writ petition u/Art. 32 – Held: Legality of a judicial ordercannot be questioned in an original proceeding u/Art. 32 – If thepetitioner was aggrieved by a judicial order of the High Court,remedies were available to him u/Art. 136 – Manner in which thepetitioner sought to cast aspersions on the bench of the High Court,assigned with the hearing of the contempt proceedings againstpetitioner, is unwarranted – Moreover, reckless allegations levelledagainst judges of the High Court in a proceeding where correctnessof the orders passed by the High Court not in issue and necessaryparties to that proceeding not before the court.
Judge	Hon'ble Dr. Justice D.Y. Chandrachud
Neutral Citation	2018 INSC 326
Petitioner	Asok Pande
Respondent	Supreme Court Of India Thr. Its Registrar And Ors.
SCR	[2018] 3 S.C.R. 337
Judgement Date	2018-04-11
Case Number	147

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Asok Pande Vs. Supreme Court of India Thr. Its Registrar and Ors.

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Asok Pande Vs. Supreme Court of India Thr. Its Registrar and Ors.

Asok Pande Vs. Supreme Court of India Thr. Its Registrar and Ors.

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