Judiciary – Supreme Court and High Courts– Writ Petition seeking direction to HC to expeditiously dispose criminal appeal -There is no provision in Chapter-IV (titled The Union Judiciary) under Part-V (The Union) of the Constitution of India which, in terms similar to Article 227 of the Constitution (Power of superintendence over all courts by the High Court) under Chapter-V thereof, confers power of superintendence on the Supreme Court over the High Courts- Referred to Tirupati Balaji Developers (P) Ltd. Vs. State of Bihar (2004) 5 SCC 1 – In our constitutional scheme there is a clear division of jurisdiction between the two institutions and both the institutions need to have mutual respect for each other- Assuming that an extraordinary case requires a nudge from this Court for early hearing of a long pending criminal appeal, it is only a request that ought to be made to the High Court to such effect in appropriate proceedings. (Para 2-3)
Constitution of India, 1950; Article 32 – Writ Petitioner aggrieved by non-consideration and non-disposal of his criminal appeal by the High Court- Writ Petition is not maintainable. If priority has not been given to the petitioner’s criminal appeal (albeit filed in 2016) by the High Court for early hearing, for whatever reason, the same is also part of the judicial process and cannot be made amenable to a challenge in a writ petition under Article 32 citing breach of Article 21 – a judicial decision rendered by a Judge of competent jurisdiction in or in relation to a matter brought before him does not infringe a Fundamental Right – Referred to Naresh Shridhar Mirajkar Vs. State of Maharashtra AIR 1967 SC 1 (Para 3)