Shashwati Chowdhury
Published on: July 1, 2022 at 17:35 IST
The Rajasthan High Court has noted that notifying the members of the Bar regarding a criminal reference is entirely at the discretion of the court and should be exercised as a matter of prudence. Section 395 of the CrPC, which provides for criminal references, does not require the court to invite opinions from the members of the Bar before answering such references.
Justice Sandeep Mehta and Justice Manoj Kumar Garg, presided over the case as a Divisional Bench, made this observation while dismissing the case with a cost of Rs. 50,000.
The court made it clear that such a course of action is only taken to obtain independent views from the bar members for the court’s assistance.
The petitioner has broadly asserted that newspaper notice of the reference should have been published. He further stated that the views of Bar Associations from all over the State as well as judicial members from the State’s subordinate courts ought to have been invited to address the court on crucial legal issues.
The petitioner appears peeved by the absence of his name from the list of advocates, whose presence was noted in both the alleged and the aforementioned judgement, the court remarked.
The judge dismissed the review application with a cost of Rs. 50,000 for being frivolous and mischievous on the record. The court ordered that the petitioner deposit the cost in the funds of the Rajasthan State Legal Services Authority within 30 days of the order date. If there is a default, the petitioner’s advocate will be precluded from filing Vakalatnama, representing parties and arguing cases on behalf of litigants in any court within the state, added the court.
In addition, the court mandated that a copy of this order be circulated and put before the Honorable Chief Justice.