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SC stays Rajasthan HC order to not arrest accused in offences with 3-year jailIt claimed the single judge by passing the order exceeded his jurisdiction
Ashish Tripathi
DHNS
Last Updated IST
The Supreme Court of India. Credit: PTI File Photo
The Supreme Court of India. Credit: PTI File Photo

The Supreme Court on Tuesday stayed a Rajasthan High Court's order which issued a "blanket" direction to its registrar general and district courts not to list pre-arrest bail in cases with maximum punishment of three years jail term.

A bench of Justices Vineet Saran and B R Gavai suspended the operation of the High Court's single judge passed on May 17.

Senior advocate Vijay Hansaria, representing the HC's registrar general questioned the validity of the High Court order also giving a blanket direction to state DGP not to arrest an accused for offences where the maximum sentence extended up to three years jail term, till July 17, 2021.

The petition, supported by the state government, contended that the HC's order "with glaring defects" would create a situation of lawlessness, besides affecting the general administration of the High Court and the people at large in Rajasthan.

It claimed the single judge by passing the order exceeded his jurisdiction and illegally and erroneously interfered with the exclusive administrative domain of the Chief Justice of the High Court.

The plea said the order was liable to be struck down as such a general direction in the nature of power exercisable under Article 226 (writ jurisdiction) can be issued by the division bench as per the High Court Rules.

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(Published 25 May 2021, 20:01 IST)