Shri Anur Kumar Jain vs Central Bureau Of Investigation on 29 March, 2011
"15. There is another reason also why the submission that
Section 19 of the Prevention of Corruption Act would not
apply to the inherent jurisdiction of the High Court, cannot
be accepted. Section 482 of the Criminal Procedure Code
starts with the words "Nothing in this Code". Thus the
inherent power can be exercised even if there was a
contrary provision in the Criminal Procedure Code. Section
482 of the Criminal Procedure Code does not provide that
inherent jurisdiction can be exercised notwithstanding any
W.P.(Crl.)No.80/2010 alongwith connected matters Page 32 of 45
other provision contained in any other enactment. Thus if
an enactment contains a specific bar then inherent
jurisdiction cannot be exercised to get over that bar. As has
been pointed out in the cases of Madhu Limaye (supra),
Janata Dal v. H.S. Chowdhary, (1992) 4 SCC 305, Indra
Sawhney v. Union of India, (2000) 1 SCC 168 the inherent
jurisdiction cannot be resorted to if there was a specific
provision or there is an express bar of law.