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Sky is the limit for our powers: SC

Supreme Court asserted that sky is the limit for exercising its extraordinary Constitutional powers to pass any order in the interest of justice, even if it means bypassing statutory provisions.



New Delhi: Amidst criticism of judicial
activism, the Supreme Court on Friday asserted that sky is the
limit for exercising its extraordinary Constitutional powers
to pass any order in the interest of justice, even if it means
bypassing statutory provisions.

A bench of justices J M Panchal and H L Gokhale passed
the ruling while restoring the charge under Section 498A rpt
498A (harassment of wife) by husband or other family members
against a police officer A Subash Babu on the complaint of his
second wife.
The apex court rejected the AP High Court`s reasoning
that since marriage of the accused with another woman during
the subsistence of the first marriage was void, the second
wife cannot a lodge a complaint under Section 498A.
"Article 136 is a special jurisdiction. It is
residuary power. It is extraordinary in its amplitude. The
limits of Supreme Court when it chases injustice, is the sky
itself. Further, the powers under Article 136 can be exercised
by the Supreme Court, in favour of a party even suo motu when
the court is satisfied that compelling grounds for its
exercise exist," Justice Panchal writing the judgement
observed.

Under Article 136 the apex court can grant permission
to a person to appeal against any order/judgement of the high
court or any subordinate court or tribunal.

The apex court further said that in bigamy cases, the
magistrate can take cognisance of the offence on the basis of
a police report also and it was not necessary that there
should be direct complaint from victim or some other family
member.

PTI

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