Nagpur: destroying the request to question circular legality issued by the chairman of the judge and other judges, the Nagpur bench from the Bombay High Court explained that the Indian Constitution has given the power to make general regulations for legal practice regulations and it cannot be disturbed by the government.
“Under Article 227 (2) Read with Article 235, the power has been awarded to HC to frame various actions.
This includes creating and issuing general rules and recipes for forms for court regulation and court procedures regarding HC have authority to supervise.
This strength is exclusive For HC under the ‘power separation’ doctrine.
It cannot be disturbed or interrupted by other government wings, “the division bench consisting of Judge Sunil Shukre and Anil Pansare was held.
Adding that under the constitutional scheme, there is a power separation among executives, legislature and HC, the bench says every governance wing is the highest in the scope of its own power.
July 1421 2021 HC, lawyer directed towards circular and wangigant who has all requests, petitions, information information or other documents submitted to the registry on the side of the judiciary for submissions in HC and benches in Nagpur, Aurangabad and Panaji (Goa) and all other courts in Opposite the country must be by the way and the specifications provided by it.
Thus, archiving must be carried out on high-quality A4 size paper which has less than 75 GSM by printing on both sides.
Times New Roman or Font Georgia must be used in size 14 with a margin within 5cm and 3cm outdoor margins.
This circular also directs that even for internal communication, the type of paper is similar to similar specifications must be used.
Ending circular as an illegal and ultra virus for article 166, Applicant Abhijeet Bhalerao, a lawyer, argues that it is an HC executive command that is not issued in the name of the governor as requested based on article 166 (1) and 166 (2).
Pray for the recovery of the position before July 14, 2021, the Petitioner asked permission from the lawyer to apply for and submission to legal papers without objections from the registry staff.
He also demanded the continuation of the practice of submitting the application and submission on A4 size paper only for a certain time and to stop it after some time.
The judges stated that what was stipulated in Article 166 (1) and 166 (2) would not have an application in terms of carrying out power by HC based on article 227 (2) reading with article 235 constitution.
“This is for CJ and other HC judges to carry out the power specified in this article without interfering with government executive power and vice versa.
Therefore, the argument that the circle of July 146 violates article 166 has no benefit,” they said before rejecting the request.
No wing govt that can interfere with our strength to organize practice: HC
