The High Court may, at any time, either of its own motion or on an application received in this behalf, call for the record of any proceeding in which any competent authority or Court of Session has passed an order for the purpose of satisfying itself as to the legality or propriety of any such order and may pass such order in relation thereto as it thinks fit:
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Provided that the High Court shall not pass an order under this section prejudicial to any person without giving him a reasonable opportunity of being heard.
ADVERTISEMENTS:
Comment:
According to the provision contained in this section the High Court has only the power of revision against the order passed by the competent authority or Court of Session under the Juvenile Justice (Care and Protection of Children) Act, 2000.
Thus it can call for the record of the proceeding in which the competent authority or the Court of Session has passed the order for itself satisfying about the legality and correctness of the order. The record may be called by the High Court either suo motu or on a revision petition received in this behalf.
Before passing an order in revision, the High Court shall give an opportunity of being heard to the person who is going to be adversely affected by the revision order.
ADVERTISEMENTS:
It must be stated that the High Court has no appellate jurisdiction under this section, therefore, there is no provision for second appeal against the order passed by the Court of Session in appeal. In other words, the Court of Session is the final appellate Court under the Act and the High Court has only revisional power under this section of the Act. In exercise of its revisional powers, the Court satisfies itself about the correctness, legality and reasonableness of the order passed by the lower Court.