Question

In a criminal trial of defamation, the trial court (High Court in this case) has restrained the publication of any news about the case. Which of the following constitutional powers has the High Court exercised while passing the given order?

• A. Power to issue the writ of mandamus
• B. Power to issue the writ of prohibition
• C. Inherent power
• D. Residuary power

Hint:

High Courts can issue protective orders—even when not specifically provided by statute—under their inherent powers to secure justice and maintain judicial integrity.

Answer 1

The Correct Option is C

Step 1: Understanding the nature of the order passed by the High Court.
The order restrains the media from publishing news relating to an ongoing criminal trial. This is not a writ against a public authority, nor is it a prohibition stopping a subordinate court from acting beyond jurisdiction. Instead, it is a preventive and supervisory measure to protect the fairness of the judicial process.
Step 2: Why it is not mandamus or prohibition.
Mandamus directs a public authority to perform its duty. Prohibition restrains a subordinate court from exceeding jurisdiction. But here, the High Court is not issuing commands to any authority; it is controlling the flow of information so that trial fairness is preserved.
Step 3: High Courts possess inherent powers.
Under Articles 215 and 226, and under their inherent jurisdiction as Courts of Record, High Courts may pass any order necessary to ensure: - fairness of trial, - preventing interference with administration of justice, - contempt prevention. Such inherent power is recognised even in criminal procedure under Section 482 CrPC.
Step 4: Conclusion.
Since the order is neither a writ nor residuary power, the only correct classification is the inherent power of the High Court.