SC reiterates: High Courts are not Administratively Subordinate to Apex Court 

Supreme Court Law Insider

Khushi Doshi

Published On: February 05, 2022 at 14:20 IST 

Supreme Court has stated that it has no authority to issue directives influencing the Administrative sphere of the High Courts, as High Courts do not operate under the Administrative supervision of the Supreme Court.

“We cannot issue a Mandamus to the High Court Chief Justice. The High Court is not Administratively Subordinate (to the Supreme Court),” Justice Chandrachud remarked.

The Petition challenged Bombay High Court’s administrative circular limiting the Court’s working hours from 12 p.m. to 3 p.m., due to an increase in COVID-19 cases. The Petitioner claims that due to the Standard Operating Procedure (SOP), the High Court’s Principal Bench has been “functioning only for namesake,” causing difficulties for Litigants and Advocates.

The Petition also requests that all Courts in the state of Maharashtra be directed to operate full-time through online networks by establishing guidelines and ensuring that the Court’s operating hours are not restricted.

When the Case was heard today, the Court was informed that the High Court had already resumed normal standard hours. As a result, the Court dismissed the Plea, mentioning that the Petitioner’s Complaint had been addressed.

The Supreme Court instructed the Petitioner that if he wishes to bring anything to the attention of the Court, he should do so through the Bombay High Court Registrar General. With this observation, the Court dismissed activist Ghanshyam Upadhyay’s Petition.

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