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No Superior Court Can Command Subordinate Court To Pass A Particular Order

In Madan Mohan vs State of Rajasthan & Ors., no superior court in hierarchical jurisdiction can issue direction/mandamus to any subordinate court commanding them to pass a particular order on any application filed by any party, the Supreme Court said Thursday while reiterating that the judicial independence of a court cannot be interfered with by any court, including the superior court.

Justice R K Agrawal and Justice Abhay Manohar Sapre said so while setting aside the order of the Rajasthan High Court wherein a single judge had directed two revisionists in a case of alleged kidnapping and rape of a minor to appear before the sessions court for regular bail and went to the extent of directing the sessions court to grant them bail on the same day.

 Article referred: http://www.livelaw.in/no-superior-court-can-command-subordinate-court-pass-particular-order-sc-read-judgment/

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