JAWAHAR RAM GUPTA AND ANOTHER Vs. HIGH COURT OF ALLAHABAD
LAWS(ALL)-1996-5-204
HIGH COURT OF ALLAHABAD
Decided on May 17,1996

Jawahar Ram Gupta Appellant
VERSUS
HIGH COURT OF ALLAHABAD Respondents

JUDGEMENT

R.S.Dhavan, A.B.Srivastava, JJ. - (1.) THERE was no occasion for this Division of the Court to enter an order in these proceedings but for the fact that the registry has placed before the Court an application No. 30311 of 1996 presented by one Jawahar Ram Gupta and Mirazuddin Jafri, both Upper Division Assistants of the High Court of Judicature at Allahabad, drawing the Court's attention to certain circumstances narrated in the application supported with an affidavit and seeking in effect, two prayers from the Court - -one prayer is, only for a change in cause title, the other prayer calls upon the Court to proceed with the matter of the contempt and the writ petition in accordance with law. From where this order will ultimately end, let the Court place on record that the question of proceeding with the contempt proceedings or the case, with the sanctity of the Court proceedings under cloud, at present, does not arise. In this regard the Court refers to but is not repeating its order of 22 April 1996.
(2.) BUT the Court wonders how a historian will view the situation 100 years from today and where the circumstances will leave the High Court of Judicature at Allahabad and whether it will continue to remain as Court of Record. Petty manipulative tactics at the High Court of Judicature at Allahabad draw it into a pit forcing it to function without the dignity of the Court of Record. A man of the street, a layman, a young lawyer yet to perceive the concept of a Court of Record, let alone a superior Court of Record, asks one question.
(3.) THE question is: Can one Division of the High Court issue a writ to another? Can a High Court Judge issue a writ to a High Court Judge, when all are discharging their Judicial functions? Can a Division of two or more Judges issue a writ to a Division of two or less Judges? Does the Constitution of India permit this? Can all this happen at a High Court?;


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