The High Courts in India have a number of special powers in both criminal and civil matters. These powers are conferred on them by the Constitution of India and the Code of Criminal Procedure, 1973.
In criminal matters, the High Courts have the power to:
- Quash FIRs and criminal proceedings.
- Grant bail to accused persons.
- Transfer cases from one court to another.
- Conduct suo motu inquiries into matters of public importance.
In civil matters, the High Courts have the power to:
- Grant injunctions.
- Order specific performance of contracts.
- Set aside arbitral awards.
- Grant relief in habeas corpus, mandamus, prohibition, quo warranto, and certiorari.
The High Courts also have the power to issue writs to protect the fundamental rights of citizens. These writs include:
- Habeas corpus: This writ is issued to a person who has been unlawfully detained. It requires the person to be brought before the court so that the court can inquire into the legality of the detention.
- Mandamus: This writ is issued to a public official or body to compel them to perform a legal duty.
- Prohibition: This writ is issued to a lower court to prevent it from exercising its jurisdiction in a case where it does not have jurisdiction.
- Quo warranto: This writ is issued to a person who is claiming a public office to inquire into whether they have the legal right to hold that office.
- Certiorari: This writ is issued to a lower court to quash its order if it is found to be illegal or in excess of jurisdiction.
The High Courts are also empowered to hear appeals from the orders of lower courts in both criminal and civil matters.
The special powers of the High Courts are an important part of the Indian legal system. They allow the High Courts to intervene in cases where there is a need to protect the rights of citizens or to ensure that justice is done.
