RAMVEER ALIAS OMVEER Vs. SUPERINTENDENT, DISTRICT JAIL

JUDGEMENT

(1.) HEARD Sri Arvind Tripathi, learned Additional Government Advocate, Sri S.F.A. Naqvi, learned Counsel representing Union of India, Respondent No. 4 and Sri D.S. Misra, learned Counsel for the Petitioner.

(2.) ON 12.6.95, the learned Counsel representing the Respondent - state had raised a preliminary objection to the effect that this writ petition praying for the issuance of a writ in the nature of habeas corpus Is cognizable by a Division Bench alone and cannot be heard and finally disposed of by the single Judge nominated as a Vacation Judge as contemplated under Chapter V, Rule 10 of the Rules of the Court.

(3.) THE provisions contained in Chapter V, Rule 10 of the Rules of the Court stipulate that criminal work of the court shall continue to be dealt with during the vacation by such Judges as may be appointed for the purpose by the Chief Justice who may also exercise original, appellate, revulsion, civil or writ jurisdiction vested in the Court in fresh matters which in their opinion require immediate attention. These provisions also stipulate that such jurisdiction may be exercised even in cases which are under the Rules cognizable by two or more Judges, unless the case is required by any other law to be heard by more than one Judge.