TaxTMI 
TaxTMI 
2022 (5) TMI 1577
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....har Jail No. 8 to facilitate physical meetings with the Advocate/Pairokar, while in custody at the Delhi High Court Mediation Centre. 2.Vide the impugned order dated 07.12.2021, the Ld. Special Judge had dismissed the Petitioner's request to consult physically with his lawyers outside jail premises, while in custody, in order to prepare for proceedings before the Hon'ble Supreme Court of India, Hon'ble High Court of Delhi/Chandigarh, Various District Courts and forums. Further, the Petitioner by way of instant petition is challenging the Impugned Order and any proceedings emanating therefrom, for failing to secure the Petitioner's right to an adequate representation, under Article 21 of the Indian Constitution, read with De....
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....ect 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." 7.It is well established principle of law that the High Court has inherent power to act ex debito justitiae - to do real and substantial justice for the administration of which alone it exists or to prevent the abuse of process of the Court. 8.The bare language of the provision unambiguously states that the inherent powers of the High Court are meant to be exercised: (i)to give effect to any order under the Code; or (ii)to prevent abuse of the process of any Court; or (iii)to secure the ends of justice. 9. The prin....
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.... and, if judiciously and consciously exercised, can take care of almost all the situations where interference by the High Court becomes necessary on account of delay in proceedings or for any other reason amounting to oppression or harassment in any trial, inquiry or proceedings." 12.In the case of Kaptan Singh v. State of U.P., (2021) 9 SCC 35, the Hon'ble Supreme Court has held that: "9.2 In the case of Dhruvaram Murlidhar Sonar (Supra) after considering the decisions of this Court in Bhajan Lal (Supra), it is held by this Court that exercise of powers under Section 482 Cr.P.C. to quash the proceedings is an exception and not a rule. It is further observed that inherent jurisdiction under Section 482 Cr.P.C. though wide is to be e....
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....g the case of 14.State of Orissa v. Pratima Mohanty, 2021 SCC OnLine SC 1222 on 11 December 2021, Page has comprehensively dealt with the powers exercisable and extent of the jurisdiction of the High Court while deciding a petition under Section 482 of the Cr.P.C. The Hon'ble Supreme Court has held as under: "6. As held by this Court in the case of State of Haryana and Ors. vs Ch. Bhajan Lal and Ors. AIR 1992 SC 604, the powers under Section 482 Cr.P.C. could be exercised either to prevent an abuse of process of any court and/or otherwise to secure the ends of justice." 15.In Jaswant Singh v. State of Punjab and Another, 2021 SCC OnLine SC 1007 the Hon'ble Supreme Court has held as under:, "15. The power under Section 482 Cr.....
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....Section 482, and applying the same to the case at hand, it is evident that there is no such relief that can be granted as is being prayed for. There is no reason to interfere with the impugned order passed by the Learned ASJ. 19.The accused along with others is alleged to have been swindled the proceeds of crime by the ED to the tune of 2397 Crores. Economic offences are detrimental not only to the economy of the nation but also the society at large. The underprivileged and downtrodden are often at the receiving end of the after-effects of such offences. Extraordinary powers of this Court are not meant to be exercised at the disposal of the affluent accused who do not leave any stone unturned to arm-twist the law of the land and administra....