State v State – writ by government – is it fair?

By Vijay Kumar

For Whom the Bells Toll

In the olden days, our Maharajahs used to have big loud bells outside their palaces which the citizens could ring at any time to get instant justice from the King – especially against his own regime. The modern version of this bell is the writ petition before the High Courts. It’s a facility for the citizen against the authority and arrogance of the State. But can the King toll the bell? Can the state go in writ against a court or authority? Obviously there is no bar and recently the Revenue Department went in writ petition to a High Court against a stay order of the Tribunal and the High Court found the Tribunal’s order patently wrong. Right or rights; should we undermine the prestige of established organisations – See 'TIOL Exclusive' on this interesting case.