The Supreme Court today asked High Courts to use their discretionary power with utmost care. The apex court also very strongly criticised High Courts usurping powers of Lower courts by passing and interfering with orders for granting or refusing bail.
Taking strong exception to Allahabad High Court's order which had stayed arrest of an accused until the conclusion of the trial, a bench of Justices K S Radhakrishan and Dipak Misra said that the High Courts should refrain from passing such orders.
The court passed the order on a plea filed by a woman challenging the High Court order staying the arrest of her husband in a dowry harassment case filed by her.
The High Court had earlier also stayed the arrest till completion of probe against the husband and disposed of the case.
But it again passed the order and extended the stay till the conclusion of the trial. The apex court said it was a grave error on the part of High Court to entertain an application in a disposed off petition.