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Report No. 58

Embarrassment likely to be caused to High Court as to certificate on questions of fact

3.14. Besides, the amendment which we are going to propose would in substance, give the intending appellant a right to claim a certificate where he is able to satisfy the High Court that a substantial question of law of general importance has arisen which, in the opinion of the High Court, needs to be decided by the Supreme Court. Incidentally, it is not difficult to appreciate that in cases of alleged grave miscarriage of justice, the High Court may feel embarrassed to grant the certificate under the existing clause (1)(c) of Article 134 on the ground that its verdicts has, prima facie, causes grave miscarriage of justice; whereas the Supreme Court will feel no such embarrassment in dealing with the same question under Article 136. It is, therefore, logical not to keep the jurisdiction of the High Court too wide and indefinite. That is why we have decided to recommend a suitable amendment in Article 134(1)(c) which will make it similar to the amended Article 133(1)(c).

Structure and Jurisdiction of the Higher Judiciary Back

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