No Power To Transfer Case From One High Court To Another: Punjab & Haryana High Court

The Punjab & Haryana High Court has held that it does not have power to transfer a case from one High Court to another. 

Chief Justice Sheel Nagu and Justice Sanjiv Berry said, "So far as the prayer of transferring the aforesaid three cases to any other High Court is concerned, the same cannot be granted since this Court is not vested with any such power; the petitioner for this purpose is free to approach the appropriate Forum."

The plea was filed by an advocate seeking the transfer of her three cases, pending before a High Court judge, to another bench or to a different High Court.

Rejecting the plea, the Court said, "So far as transfer of said three cases...from one Court to another Court of this High Court is concerned, the said prayer was considered and declined in the recent past, on the administrative side.

Speaking for the bench Chief Justice Sheel Nagu said, the jurisdiction under Article 226 of the Constitution of India can be exercised to assess the legality and validity of orders passed by the State or an instrumentality of the State under Article 12 by seeking one of the writs or for performance of any public function.

"The remedy against an order passed by learned Single Judge in civil or criminal jurisdiction is either by filing an LPA by demonstrating that the Single Bench passed the order over-stepping the jurisdictional purviews, or by approaching the Higher Court i.e. the Apex Court", it added.

Advocate Ravneet Kaur for the petition.

Rajeev Anand, Advocate, for the respondents.

Title: RAVNEET KAUR v. PUNJAB & HARYANA HIGH COURT, CHANDIGARH AND ANOTHER.

Click here to read/download the order