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On 23 July, 2020 in case of Suneel Rathee and ors v. The State of Haryana and ors. The hon’ble Supreme Court laid down conditions to transfer cases from High Court to itself.
In this case the Petitioner sought transfer of a Writ Petition from Punjab and Haryana to the Supreme court on the ground that the SC is hearing certain appeals on near identical point to the one which forms subject of controversy in the Writ Petition before the High Court.
Article 139A of Constitution of India says:
139A. (1) Where cases involving the same or substantially the same questions of law are pending before the Supreme Court and one or more High Courts or before two or more High Courts and the Supreme Court is satisfied on its own motion or on an application made by the Attorney-General of India or by a party to any such case that such questions are substantial questions of general importance, the Supreme Court may withdraw the case or cases pending before the High Court or the High Courts and dispose of all the cases itself:
Provided that the Supreme Court may after determining the said questions of law return any case so withdrawn together with a copy of its judgment on such questions to the High Court from which the case has been withdrawn, and the High Court shall on receipt thereof, proceed to dispose of the case in conformity with such judgment.
(2) The Supreme Court may, if it deems it expedient so to do for the ends of justice, transfer any case, appeal or other proceedings pending before any High Court to any other High Court.
Reasoning of Court,
The provisions of Article 139A relating to withdrawal of the case from a High Court to this court on the ground of pendency before this court of a case involving same or similar questions of law contemplates fulfillment of two conditions. First, in the case pending before this Court, the question of law involved ought to be the same or substantially be the same as those involved in the case in the High Court, the withdrawal of which can be asked for.
This court, while exercising the Jurisdiction vested in it under article 139A of the Constitution, must be satisfied that such questions are substantial questions of general importance. Such satisfaction can be on this Court’s own motion, on an application made by Attorney General or on the basis of application made by party to any such case.
The hon’ble Supreme Court stated that on satisfaction of these conditions, Supreme Court can make direction in exercise of its discretion for withdrawing the case for disposal of the same by itself. The manner in which such discretion would be exercised would vary case to case. The Supreme Court stated that it does not see any possibility of any interest being prejudiced if it directs withdrawal of the Writ Petition from the Punjab High Court to itself.
It accordingly directed withdrawal of Writ Petition from High Court of Punjab and Haryana to the Supreme Court and to transfer the same to itself.
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