Inherent Power Of High Court

Inherent powers are those ingrained in a court of law. In civil jurisdiction as well as criminal jurisdiction courts have inherent powers. This thesis is the result of the research work on the inherent powers of the High Court in criminal jurisdiction. The criminal justice system in India recognizes inherent powers only of the High Court. Section 482 of the Code of Criminal Procedure (CrPC) is specific about it. The inherent power of the High Court enables it to pass any order deemed fit and reasonable to ensure justice for the parties involved. This power is a fundamental characteristic of the High Court and plays a crucial role in its judicial functions. It was granted to address situations where the High Court might otherwise be unable to deliver complete justice, even in cases of evident illegality. These inherent powers are inseparable and inalienable, forming an essential part of the High Court's judicial authority, aimed at upholding the ends of justice.

Legal Provision

Section 482 - Saving of inherent powers of High Court states:

Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court, or otherwise to secure the ends of justice.

Scope And Nature Of Inherent Powers

The inherent powers of the High Court under Section 482 CrPC are:

1. Complementary Powers: These powers are supplementary and complementary to the powers expressly conferred by the CrPC. They do not confer new jurisdiction but enable the High Court to make necessary orders where no specific provision exists in the CrPC.
2. Preventing Abuse of Process: One of the primary objectives of these powers is to prevent the abuse of the process of the court. This includes quashing frivolous or vexatious proceedings and ensuring that legal processes are not misused to harass individuals.
3. Securing the Ends of Justice: The High Court can exercise its inherent powers to ensure that justice is served in cases where strict adherence to procedural laws may result in an unjust outcome.

Why Is The High Court Vested With Inherent Power?

When an offense is committed, it is not just a wrong against an individual but also a crime against society. Such acts affect individuals' quality of life, personal freedoms, and the broader societal interests. For this reason, granting these significant powers exclusively to higher courts and highly qualified judges is deemed prudent. This aligns with Section 483, which authorizes the High Court to supervise subordinate judicial magistrates continuously.

In the case of Madhu Limaye v. State of Maharashtra (AIR 1978 (47)), the Court outlined principles governing the High Court's inherent jurisdiction:

1. Inherent powers should not be invoked when there is a specific provision for addressing grievances.
2. These powers must be used cautiously to prevent the misuse of court processes or to uphold justice.
3. They should not be exercised in violation of explicit statutory provisions.
4. Inherent powers apply only when no other provision exists in the legal framework to address the grievance of the affected party.

Instances Of Exercise Of Inherent Powers

The inherent powers under Section 482 CrPC can be exercised in various situations, including:

1. Quashing of Proceedings: The High Court can terminate frivolous, oppressive, or malicious legal actions. It may halt proceedings initiated with bad intentions or intended to harass the accused.
2. Setting Aside Orders: Orders issued in violation of natural justice or obtained through fraud can be annulled by the High Court using its inherent authority.
3. Staying Proceedings: The High Court can pause ongoing cases in appropriate situations to prevent misuse of the legal system or protect a party from harassment.
4. Issuing Directions: To ensure justice, the High Court can direct lower courts to follow principles of natural justice or adhere to proper procedures.
5. Correcting Errors: Procedural mistakes or omissions that could lead to unfair outcomes can be rectified by the High Court. This includes addressing irregularities or violations that may disadvantage any party.
6. Preventing Abuse of Powers: The High Court can intervene to stop any party from exploiting the judicial process or causing harm to others through undue advantage.
7. Providing Temporary Remedies: In suitable cases, interim relief can be granted by the High Court to prevent irreparable harm or maintain the status quo until the final resolution of the case.

Landmark Judgments

State of Haryana v. Bhajan Lal (1992)

In this landmark, the Supreme Court of India clarified the principles for High Courts when exercising inherent powers under Section 482 of the CrPC. The case involved allegations against Bhajan Lal, the then Chief Minister of Haryana, including corruption and misuse of public funds. Although the CBI initially recommended dismissing the case due to insufficient evidence, a protest petition led to its reopening. Bhajan Lal's appeal to halt proceedings was rejected by the High Court and later upheld by the Supreme Court.

The Court ruled Section 482 powers should only be used in exceptional cases, such as:

• Proceedings should only be quashed if there is no chance of conviction.
• Powers should not obstruct legitimate investigations.
• Investigations should not be hampered unnecessarily.
• Claims that are absurd or highly improbable may warrant intervention.
• The authority cannot be used to settle disputes between parties.

R. P. Kapur v. State of Punjab (1960)

In this landmark case, the Supreme Court of India clarified the limits of the High Court's inherent powers under Section 482 of the CrPC. R.P. Kapur sought to have criminal charges, including fraud and criminal breach of trust, dismissed, arguing the complaint was frivolous. The Punjab High Court denied his plea, and the case went to the Supreme Court.

The Court ruled that Section 482 powers should not override the CrPC's provisions or create new jurisdiction. These powers should only be used in exceptional cases to prevent abuse of the judicial process or uphold justice. This decision set the precedent for cautious and rare application of Section 482 powers in Indian criminal law.

Conclusion

Understanding the inherent powers of the High Court under Section 482 CrPC is crucial for appreciating its vital role in safeguarding justice and preventing misuse of legal processes. These powers enable the High Court to act decisively in quashing frivolous cases, rectifying procedural errors, and ensuring fair trials. With landmark judgments shaping their application, these inherent powers remain a cornerstone of India's criminal justice system. By leveraging this legal provision effectively, courts uphold the principles of natural justice while preventing the abuse of judicial processes.

FAQs On Inherent Powers Of The High Court Under Section 482 CrPC

Explore the key aspects and frequently asked questions about the inherent powers of the High Court under Section 482 of the CrPC, essential for ensuring justice.

Q1. What are the inherent powers of the High Court under Section 482 CrPC?

The inherent powers under Section 482 CrPC enable the High Court to pass orders necessary to secure justice, prevent abuse of court processes, or enforce legal provisions effectively.

Q2. When can the High Court exercise its inherent powers?

The High Court can use these powers to quash frivolous cases, correct procedural errors, prevent misuse of the judicial process, or provide relief where no specific legal provision exists.

Q3. Are inherent powers under Section 482 CrPC limited to criminal cases?

Yes, these powers are primarily confined to criminal proceedings and are exercised in exceptional cases where the existing legal framework is insufficient to address grievances.

Q4. Can inherent powers override statutory provisions?

No, the High Court's inherent powers cannot override explicit statutory provisions. They are supplementary and must be used cautiously to avoid conflict with existing laws.

Q5. What are some landmark judgments on the inherent powers of the High Court?

Landmark cases like the State of Haryana v. Bhajan Lal and R.P. Kapur v. State of Punjab have defined the principles and limitations governing the exercise of inherent powers under Section 482 CrPC.