New Delhi, Aug 2 (PTI) The Supreme Court Monday transferred to the Gauhati High Court an appeal filed in the Tripura High Court against an order of its single-judge after the two other judges recused themselves from hearing the matter.
Terming it as a “peculiar matter”, a bench of justices D Y Chandrachud and M R Shah passed the order after the petitioner as well as the counsel appearing for the state consented to the transfer of matter to the Gauhati High Court which can hear it through video-conferencing.
The apex court was told by the lawyer appearing for the state that at present, there are four judges, including the chief justice, at the Tripura High Court.
He said two judges have recused themselves from hearing the appeal which was filed after the order was passed by a single judge in September last year.
“It is a peculiar matter,” the bench observed, adding, “Today, we have video-conferencing. We can formally transfer it to another high court. The high court can hear it through video-conferencing.”
The apex court, which transferred the matter, asked the chief justice of the Gauhati High Court to issue administrative direction so that the matter could be heard through video-conferencing expeditiously.
“The writ appeal shall stand transferred from the Tripura High Court to the Gauhati High Court for disposal,” the bench said.
It observed that since the matter would be heard through video-conferencing, the lawyer can argue it from Tripura also.
During the hearing, the counsel appearing for the state said the matter be transferred to the Gauhati High Court.
The bench noted that a single judge had passed the order in the matter in September last year after which the petitioner had challenged it before a division bench of the Tripura High Court.
It noted that since two judges have recused themselves from hearing the appeal, a bench cannot be constituted there to adjudicate the matter.
(The above story is verified and authored by Press Trust of India (PTI) staff. PTI, India’s premier news agency, employs more than 400 journalists and 500 stringers to cover almost every district and small town in India.. The views appearing in the above post do not reflect the opinions of LatestLY)













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