Orissa High Court Single Judge Criticises Division Bench For Nullifying His Judgment On Passport Renewal Without Assigning Reasons
Case: Madhusmita Samant v. Union of India & Anr.
Coram: Chief Justice Dr. S. Muralidhar and Justice Gourishankar Satapathy.
Case No.: W.P.(C) No. 20169 of 2023
Court Observation: “…this Court in its entire practice period of 28 years and judgeship of 9 years has never come across in taking out the effect of such judgments in just three lines order by a higher Bench. There may not be any misunderstanding that the Division Bench has no jurisdiction, however, the Division Bench in such matter is required to apply its mind and give reason in taking out effect of such judgments otherwise such judgments will not be applicable in the legal parlance.”
“In that view of the matter, it is clarified that the impugned judgment will not constitute precedent and will be treated as having been passed in the peculiar facts and circumstances of the case. The questions of law arising from the said impugned judgment are left open for decision in some other appropriate case.”
“The Writ Appeal judgment with great humiliation and respect, this Court observes, it is absolutely unreasoned and unwarranted and appearing to be in abuse of process of law and in spite of the Single Bench judgment passed taking care of so many Hon’ble apex Court judgments indicating herein above allowing parties involved in grave criminal cases having there visiting overseas, the Division Bench appears to have completely ignored all such judgments, which have been passed by the Hon’ble apex Court even,”
“It is strange to observe here, that there is perhaps a feeling in the Division Bench that they have the absolute appellate authority over Single Bench judgment. Yes, there is no doubt, Writ Appeals lie in certain cases but only in letters patent otherwise there is no difference so far as the functioning of the Single Bench and the Division Bench is concerned,”
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