Sky is the limit for our powers: SC

New Delhi: Amidst criticism of judicial activism, the Supreme Court on Friday asserted that sky is the limit for exercising its extraordinary Constitutional powers to pass any order in the interest of justice, even if it means bypassing statutory provisions.
A bench of justices H L Dattu and H L Gokhale passed the ruling while restoring the charge under Section 489A (harassment of wife) by husband or other family members against a police officer A Subash Babu on the complaint of his second wife.
The SC rejected the AP High Court's reasoning that since marriage of the accused with another woman during the subsistence of the first marriage was void, the second wife cannot a lodge a complaint under Section 498A. “Article 136 is a special jurisdiction. It is residuary power. It is extraordinary in its amplitude. The limits of SC when it chases injustice, is the sky itself,” Justice Panchal observed.