Justice Hrishikesh Roy, has become the First Single Judge to excesice power under Article 142 of the Constituion of India.
The Judgment delivered in the Sushant Singh Rajput’s Case,
shall remebered as the Judical History, so far as, Article 142 is concerned.
Justice Hrishikesh Roy, of the Supreme Court, directed for a CBI investigation in the mysterious deth of the actor,
exercesing power under Article 142 of Constituion.
The Court observed that in order to do complete justice in the matter and to ensure public confidence,
it is appropriate to invole the power under Article 142 of the Constituion.
The Court refused to accept the objection by Sri Abhishek Manu Singhvi,
who representing the Government of Maharastra, to the effect that the power under Article 142 should not be exercised.
Mr Singhvi contended that the power under Article 142 cannot be exercised by a Single Bench, and it requires minimum a Division Bench.
He argued that such power is not vested in the Single Jude vide Supreme Court Notification dated 17.09.2019.
Also the power is not arising from Section 406 of Cr.P.C.
However Justice Roy, refused to accept the contention and held that
the power under Article 142 is being exercised “as a Court” in its lawful jurisdiction, as per the roster assigned by the CJI.
It was further noted that Article 142 contains the words “Supreme Court in exercise of its Jurisdiction” may pass all suitable orders neccessary for doing complete justice.
Therefore there is no such mandate under the Constitution to the effect that only a Division Bench or higher can exercise power under Article 142 of Constitution.