[Gautam Navlakha] SC holds Delhi HC at threshold should not have entertained application, expunges observation of HC

The SC on July 6, 2020 {NATIONAL INVESTIGATION AGENCY vs GAUTAM NAVLAKHA} observed that reading of its order dated 08.04.2020 makes it clear that the accused was given liberty to apply before the jurisdictional court as the courts at Bombay are functioning. It was held that it has noted the same in the  order dated 08.04.2020. Thus, it was held that in view of the clear order passed by the Court and the time of one week granted by the Court, it was the jurisdiction of the Bombay Court alone to entertain any application. It was held that by way of misconceived venture, an application was filed directly before the High Court of Delhi. 

The SC Bench, comprising of Justice Arun Mishra and Justice Navin Sinha held that in case any modification of the order dated 08.04.2020 was required, it was incumbent upon the respondent to apply to the court, which he did not do. Thus, it was held that the entire exercise taken by the High Court of Delhi was totally uncalled for as the spirit of its order is apparent. The SC held that the High Court of Delhi should not have entertained the application at the threshold, the observations made are hereby ordered to be expunged.

Thus, the SC set aside the Delhi HC order, including the observations and the proceedings which were initiated. It was concluded that the courts at Bombay alone having the jurisdiction, which can entertain the application. Thus, the appeal was allowed by the SC.