Overview
- A two-judge bench of Justices Vikram Nath and Sandeep Mehta referred the issue and directed listing once a three-judge bench is constituted.
- The question stems from Mohammed Rasal C v State of Kerala after the Court flagged the Kerala High Court’s regular practice of hearing such pleas directly.
- At stake is whether, under concurrent jurisdiction in the CrPC/BNSS, applicants may choose the High Court or must first approach the Sessions Court.
- Amicus curiae Senior Advocate Siddharth Luthra has advised that direct filings in High Courts be permitted only in four exceptional circumstances.
- The Kerala High Court Advocates’ Association has sought to be impleaded, contending that curbing High Court discretion would contravene the statute and personal liberty.