Honourable Supreme Court of India
Surya Dev Rai Vs Ram Chander Rai (2003) 6 SCC 675
Honourable Supreme Court of India has held that High Courts in the exercise of its powers under Articles 226 or 227 of the Constitution of India is discretionary which should be governed by judicial conscience enriched by judicial experience and practical wisdom of the judge.
Para 39. Though we have tried to lay down broad principles and working rules, the fact remains that the parameters for exercise of jurisdiction under Articles 226 or 227 of the Constitution cannot be tied down in a strait-jacket formula or rigid rules.
Not less than often, the High Court would be faced with a dilemma. If it intervenes in pending proceedings there is bound to be delay in termination of proceedings.
If it does not intervene, the error of the moment may earn immunity from correction. The facts and circumstances of a given case may make it more appropriate for the High Court to exercise self-restraint and not to intervene because the error of jurisdiction though committed is yet capable of being taken care of and corrected at a later stage and the wrong done, if any, would be set right and rights and equities adjusted in appeal or revision preferred at the conclusion of the proceedings. But there may be cases where “a stitch in time would save nine”.
At the end, we may sum up by saying that the power is there but the exercise is discretionary which will be governed solely by the dictates of judicial conscience enriched by judicial experience and practical wisdom of the judge.
Drafted By Abhijit Mishra
