Law:

Section:

(On appeals from the order of the High Court dated 3-11-1992, in Writ Petitions Nos. 91 and 89 of 1992). (a) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)--- ----S. 42---Petition for leave to appeal to challenge order of admission of Constitutional petition by High Court---Principles applicable for grant of leave---Power of issuing writs is vested primarily in the High Court, normally when High Court has exercised its jurisdiction one way or the other, then a case is taken up by Supreme Court---Supreme Court, generally, will be reluctant to interfere in the order of admission as such an order is discretionary in nature. Constitutional petition having been filed to challenge an admission order the principles of law which are applicable in such a situation are substantially different from the principles which are applicable to the petition for grant of leave from final orders of the High Court. Generally speaking this 'Court is reluctant to interfere in the order of admission because such an order is broadly speaking a discretionary order. The power of issuing writs is vested primarily in the High Court and normally it is only when the High Court has exercised its jurisdiction one way or other that a case is taken up by Supreme Court. Supreme Court has the power to interfere, if a case is made out, even when a final order has not been passed, but at the preliminary stage such an order would be in the nature of quashment and could be passed for strong reasons justifying the order. Such a relief would be granted if High Court had assumed jurisdiction which was not vested in it for instance in a service matter. It would be a case of usurpation of power justifying interference of Supreme Court. In other situations in which Supreme Court may interfere can be when it was shown to the satisfaction of Supreme Court that a writ petition had been admitted which did not disclose a prima facie case and continuation of the proceedings of the High Court would be an exercise in futility. However, no hard and fast or inflexible rule can be laid down and each case has to be decided in the peculiar circumstances of that case. (b) Azad Jammu and Kashmir Interim…

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