Registry cannot seek review of judgment, says High Court

CHENNAI: The Madras High Court held that the administrative side of the court cannot seek to review the judgment passed by the judicial side.

Dismissing a review application filed by the HC judiciary against the order by the same judge in May, 2022, Justice PT Asha said, “I am faced with a rather strange conundrum of the High Court on its administrative side seeking leave to review an order passed by it on its judicial side, particularly when the High Court is not even a party to the proceedings leave alone an aggrieved party. Is this Court, therefore, confronting a two-faced Janus?”

In a ruling on May 5, 2022, the judge set some guidelines for granting the exemption on court fees in the Motor Vehicles case, which led to a review application by the HC registry to modify the order. Justice Asha further wrote the petition seeking leave to review, cannot be entertained as it would amount to undermining the Judicial fibre, whose touchstone is its fierce independence and to discharge its duty without any kind of fear or favour.

Referring to an order of the Supreme Court in Supreme Court Employees Welfare Association Vs. Union of India and another. The judge pointed out the observation of the SC that the orders passed on the judicial side of the court are binding and the administrative side cannot ignore them.“...various judgments referred above clearly delineate the power that the High Court exercises on its administrative side and the judicial side and make a clear distinction between the two,” the judge added.