- (1.) CONSTITUTIONALITY , legality and more particularly propriety of orders passed in proceedings relating to release of female detenues from protective homes in habeas corpus proceedings is the subject matter of this reference laid before us under orders of Hon'ble the Chief Justice dated 25.9.2014 in peculiar and complex circumstances that arose on account of passing of such orders either by the learned Single Judge or by the Division Benches that have been mentioned in the order of reference and detailed in our order dated 14.10.2014.
(2.) TAKING stock of the situation and realising the gravity of the issues relating to procedural propriety and exercise of jurisdiction by the respective benches, that travel up to the issues of allocation of work under the Allahabad High Court Rules, 1952 as also the roster assigned by Hon'ble the Chief Justice, we have delved into the issues that have been raised as also the consequences arising therefrom. This has taken us to consider the jurisdictional authority and the powers exercised on the administrative side by Hon'ble the Chief Justice or the Hon'ble Senior Judge at Lucknow having its genesis in Article 225 of the Constitution of India distinguishing it from the judicial powers and exercise thereof under Article 226 of the Constitution of India.
(3.) THE consequences that have ensued on account of the orders passed that are under scrutiny before us have further raised issues of an assessment of the status of such orders, their finality and exercise of powers by this bench ex debito justitae to correct and review the orders or issue necessary directions for restoring the correct procedure to be followed whenever this situation arises. On having assessed the entire gamut of facts and on having perused the records and weighed the submissions of the learned counsel for the parties we had by our order dated 14.10.2014 framed 13 questions to be answered that was followed by further probe and investigation that resulted in framing of question no.14 vide order dated 25.11.2014 and questions no.15 to 18 vide order dated 26.11.2014. The said orders have to be necessarily read to appreciate the facts giving rise to this reference as the same incorporate and quote all the orders that are under scrutiny herein.;