New Delhi, Aug 19: It was a first in the Supreme Court, when a single judge Bench of the Supreme Court exercised its extraordinary power under Article 142 of the Constitution.
Justice Hrishikesh Roy ordered a CBI probe while presiding over a single judge Bench in the Sushant Singh Rajput case. Justice Roy said that to ensure public confidence in the investigation and to do complete justice in the matter, this Court considers it appropriate to invoke the powers conferred by Article 142 of the Constitution.
The judge also turned down the objection raised by senior counsel, Abhishek Manu Singhvi, who represented Maharashtra in the case. He had said that a single judge Bench cannot exercise power under Article 142.
However Justice Roy said that as a Court exercising lawful jurisdiction for the assigned rooster, no impediment is seen for exercise of plenary power in the present matter. Article 142 uses the word Supreme Court in exercise of its jurisdiction may pass all suitable orders necessary for doing complete justice. Hence there is no prohibition under the Constitution for a single judge Bench hearing a case assigned as per roster to invoke its authority under Article 142.
The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it, and any decree so passed or orders so made shall be enforceable throughout the territory of India in such manner as may be prescribed by or under any law made by Parliament and, until provision in that behalf is so made, in such manner as the President may by order prescribed, Article 142 says.