- U/s 44 of the interim Constitution Act, the High Court has been empowered to issue writs in appropriate cases which cannot be taken away by subordinate legislation, in all cases, where the jurisdiction is given by a subordinate legislation, the same can also be taken away by subordinate legislation — There can hardly be any controversy that power of High Court to release a person on bail under Cr.P.C. has been given by subordinate legislation and can be taken away by any other subordinate legislation — There is hardly any justification to argue that the words ‘other Court’ employed in sub-section 2 of section 10 do not apply to the High Court, especially so when no such intention can be inferred from the provisions contained in Ehtesab Act. The State & another v. Javed Iqbal 2001 SCR 1 (B)
- An order in exercise of writ jurisdiction can be passed subject to conditions laid down in relevant constitutional provision — While giving a relief in exercise of writ jurisdiction altogether different considerations weigh with the Courts and thus, such an order is not helpful for interpreting section 10(2) of Ehtesab Act. The State & another v. Javed Iqbal 2001 SCR 1 (C)
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