AIR 1992 SUPREME COURT 248 ::(1991) 3 ComLJ 213 ::(1992) 1 ACC 332 ::1992 (1) UJ (SC) 360 ::1991 (4) SCC 584 ::1991 (3) CurCC 393 ::(1991) 6 JT 8 (SC)

Supreme Court Of India

(From : Madhya Pradesh)*

Hon'ble Judge(s): Ranganath Misra, K. N. Singh, M. N. Venkatachaliah, A. M. Ahmadi, N. D. Ojha , JJJ

(A) Constitution of India , Art.139A, Art.136, Art.142(1)— Transfer of withdrawal of proceedings - Power of Supreme Court - Not exhausted by Art. 139-A - Art. 139A not intended to whittle down powers under Arts. 136, 142 - Settlement reached in Bhopal Gas disaster case and quashing of criminal proceedings ordered by Supreme Court while hearing appeal from an interlocutory order - Not without jurisdiction. To the extent power of withdrawal and transfer of cases to the apex Court is, in the opinion of the Court, necessary for the purpose of effectuating the high purpose of Arts. 136 and 142(1), the power under Art. 139A must be held not to exhaust the power of withdrawal and transfer. Art. 139A was introduced as part of the scheme of the 42nd Constitutional Amendment. That amendment proposed to invest the Supreme Court with exclusive jurisdiction to determine the constitutional validity of central laws. Art 139A was not intended, nor does it @page-SC249 operate, to whittle down the existing wide powers under Arts. 136 and 142 of the Constitution. Art. 136 is worded in the widest terms possible. It vests in the Supreme Court a plenary jurisdiction in the matter of entertaining and hearing of appeals by granting special leave against any kind of judgment or order made by a Court or Tribunal in any cause or matter and the powers can....