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Transfer of Criminal Cases

The decision in A.R Antulay case was not rendered in the context of the competency , jurisdiction or authority of this court dealing with a substantial appeal against the judgments of the Court s below in exercise of its plenary jurisdiction ,which have been construed to be capable of being exercised in spite of limitations, if any under special provisions contained in the constitution or other laws in order to do effective, real and substantial justice, co extensive and commensurate with the need of justice in a given case meeting any exigency.

Orders of the Supreme Court under Article 136 of the Constitution have been held to be unassailable and can't be said to be void. Where as , Article 142 ,though very wide is viewed to be limited to the short compass of the actual dispute before the Court and not to what might necessarily and reasonably be connected with or related to such matter.

In A.R Antulay case, what was before the court was an appeal from an order of the Special Judge constituted under the under Criminal Law Amendment Act ,1952 rejecting the objections taken to the jurisdiction of the Special Judge to take cognizance of the complaint filed as a private complaint.

It is this context only Article 142 , provision s constituting a Special court of particular nature and specially de hors the other fact that the court on its own without seeking of any one of the parties directed transfer. The observation s contained therein can't be quoted or drawn out of context and consequently the decision in A.R Antulay case, has no relevance or application to the present case and the reference to its wholly inappropriate.

Supreme Court Bar Association case related to the scope of power under Article 142 of the Constitution and pertained to the authority of this court to punish an advocate for professional misconduct and not merely to punish him for contempt in respect of which only the main matter itself was before this Court. The powers under Article 142 though considered to be of very wide amplitude are complementary and supplementary in nature available no doubt to prevent injustice.

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