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Justice Shylendra wants Metro rail case listed before him

Last Updated 20 January 2011, 18:49 IST

Justice Kumar had heard the matter earlier and directed the registry to list it before him as he had directed on Tuesday, January 18.

He was unhappy with the registrar general for not posting the matters pertaining to Bangalore Metro Rail Corporation Limited before him. Finding that no matter was listed despite the court orders, the judge on Thursday summoned the Registrar General to the court hall seeking an explanation.

“A judicial order can only be challenged before an appellate authority. But none has the power to ‘tinker’ with the judicial orders passed by the High Court — which is an independent body under the Constitution of India,” the judge observed.

He further said that if it was not listed as per the earlier court order, he would initiate contempt proceedings.It may be recalled that senior counsel R N Narasimha-
murthy had objected to the single judge’s decision to hear a petition challenging land acquisition for ‘Namma Metro’ rail project.

During the hearing of a petition challenging the land acquisition for constructing South End Metro Station, senior counsel Narasimhamurthy, also a former Advocate General, objected to the matter being taken up, stating that it was contrary to the roster system assigned by the Chief Justice.

Narasimhamurthy submitted that, “this bench has no jurisdiction to hear the petition”. “As per the roster system the matter has to be assigned before another bench. The Chief Justice has assigned the roster to the judges of the High Court as per the Supreme Court directions,” he argued.

Recording the submission of the senior counsel, Justice Kumar granted two days’ time to the parties to urge the matter before the Chief Justice to seek appropriate remedy.

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(Published 20 January 2011, 18:49 IST)

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