Trial Court Has No Inherent Powers To Recall Or Review Its Own Final Order: J&K High Court
The Jammu and Kashmir High Court held that it is not open to the trial court to review its own final orders. The court held that in such cases, the only option available to the aggrieved party is to challenge the said order before the High Court.The court took note of Section 362 of the CrPC, which prohibits a criminal court from altering or reviewing its final orders, except for...
The Jammu and Kashmir High Court held that it is not open to the trial court to review its own final orders. The court held that in such cases, the only option available to the aggrieved party is to challenge the said order before the High Court.
The court took note of Section 362 of the CrPC, which prohibits a criminal court from altering or reviewing its final orders, except for correcting clerical or arithmetical errors.
A bench of Justice Sanjay Dhar said that the trial court had disposed of three separate applications filed by the petitioners for transferring custody from Uttar Pradesh to District Jail, Anantnag, and later recalled the said order.
The court said that in recalling the order, the trial court had relied on a judgment of the High Court, which had been stayed by the division bench. Therefore, the court stated, it was not open to the learned trial court to review its own final orders.
The court relied on Adalat Prasad vs. Rooplal Jindal and Others, (2004) 7 SCC 338, wherein the Supreme Court overruled the earlier position of law that allowed criminal courts to review their orders.
The court said that the view taken by the trial court was contrary to legal provisions and the rulings of the Supreme Court. Therefore court set aside the recalling order and left it open to the respondents to avail themselves of the appropriate remedy against the orders through which the transfer of custody was initially ordered.
BACKGROUND:
In this case, the petitioners were facing trial under multiple FIRs registered under the Indian Penal Code (IPC), the Arms Act, and the Unlawful Activities (Prevention) Act (UAPA). During the pendency of their trials, they were detained under the Public Safety Act (PSA) and transferred to jails in Uttar Pradesh.
The petitioners filed applications before the trial court seeking a transfer back to judicial custody in Jammu & Kashmir. The trial court allowed the application, directing the transfer of custody to Mattan Jail, Anantnag, in Kashmir. The prosecution challenged these orders, and the trial court subsequently recalled them, relying on the judgment of the High Court.
The court held that the judgment relied upon by the trial court had been suspended by the division bench of the High Court. Therefore, the trial court had no power to recall the orders passed by it, and the recalling orders were set aside.
APPEARANCE
Wajid Haseeb, Advocate for petitioner
Syed Musaib, Dy. AG. for Respondents
Case-title: FEROZ AHMAD ZARGAR & OTHERS vs UT OF J&K AND OTHERS
Citation: 2025 Livelaw (JKL) 74
