High Court Must Respect Exercise Of Discretionary Powers By District Judiciary, Cannot Play Role Of ‘Headmaster’
Case: Ghulam Sarwar V. Smt. Nilofar Khan & Ors.
Coram: Justice C Hari Shankar
Case No.: CM(M) 783/2022
Court Observation: “The High Court is required, at all times, to respect the exercise of discretionary powers by the district judiciary and not to act in a manner as could convey an impression that the court is playing the role of headmaster,”
“In my considered opinion, it is only as a matter of chance hierarchal circumstance that this Court is “above” the district judiciary. Else, the district judiciary, and the learned Courts of which it is comprised, exercise jurisdiction which, subjectively, is co-equal to the jurisdiction exercised by this Court,”
“This Court, in exercise of its jurisdiction under Article 227 of the Constitution of India, cannot substitute its subjective satisfaction or exercise its discretion subjectively in such a manner as to substitute the discretion and subjective satisfaction of the court below. Where the order under challenge is discretionary in nature, Article 227 can justify interference only where the exercise of discretion is perverse. By no stretch of imagination can it be said that the impugned order passed by the learned ADJ suffers from any perversity,”
“It is made clear, therefore, that, if the respondents take undue advantage of the access to the terrace, granted by the learned ADJ by the impugned order, it shall be open to the petitioner to seek modification of the aforesaid direction by moving an appropriate application before the learned ADJ for that purpose,”
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