Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Public Interest Litigation |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Special Leave Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Disposed Off |
Headnote | Public Interest Litigation: The instant special leave petition is filed by a non-party to the writ petition PIL questioning order passed in the writ petition – Before the High Court, the Registrar General of the High Court had filed preliminary counter affidavit questioning the genuineness of the PIL and pleaded that the petition was filed by political person to political gain and to malign the High Court – It was further stated therein that former High Court Judge ‘VE’ (the petitioner in the instant special leave petition) had also submitted a complaint with similar allegations to the President of India against the Chief Justice and further stated that after retirement, the former High Court Judge ‘VE’ had obtained post retirement office and is supporting the State Government under the cover of association maligning the High Court – High Court heard the preliminary objection and closed the matter for judgment – An I.A. No.7 of 2020 was thereafter filed by one ‘SR’ along-with his affidavit stating that writ petition was vexatious and was instituted malafidely and with vested interest – The affidavit further pleaded that the incumbent Government has unleashed a vicious propaganda against the judiciary to cover up its shortcomings, in which some of the retired judges had become pawns in the hands of the Government and at their instance, under the guise of some organisations some vested interests were filing writ petitions to undermine the honesty, integrity and majesty of the judiciary – In paragraph 8, it was pleaded that on 20.07.2020, the former retired Judge ‘VE’ spoke to him and asked him whether he was aware of the letter submitted by All India Backward Classes Federation – The transcript of the said conversation along-with audio recording was filed along-with affidavit – High Court by impugned judgment requested a Retired Supreme Court Judge of to hold out an enquiry to find out the genuineness/ authenticity of the conversation contained in the pen drive – former High Court Judge ‘VE’ filed instant special leave petition – This Court granting time to him – Petitioner filed affidavit and admitted the conversation dated 20.07.2020 and also filed the corrected transcript of the English translation of the audio tape as Annexure P16, which was admitted to him – There is no reason to allow to continue the enquiry by Retired Judge as directed by the High Court by the impugned judgment – Authenticity and genuineness of the transcript having been admitted to the extent as contained in Annexure P-16, the direction by the High Court calling for report from the Retired Supreme Court Judge need not be allowed to continue – High Court ought not to have embarked on any other enquiry in the matter except to the maintainability of the PIL at the instance of the writ petitioner and the conversation dated 20.07.2020 filed before the High Court as well as the enquiry report sought was only with the above purpose – Now, English translation of the transcript dated 20.07.2020 having been admitted by the writ petitioner, which have been filed by petitioner himself as Annexure P-16, in event, the High Court intends to refer to the above transcript, if required, the same can be done only after giving an opportunity to the present petitioner. |
Judge | Hon'ble Mr. Justice Ashok Bhushan |
Neutral Citation | 2021 INSC 248 |
Petitioner | Justice V. Eswaraiah (retd.) |
Respondent | Union Of India & Ors. |
SCR | [2021] 3 S.C.R. 364 |
Judgement Date | 2021-04-12 |
Case Number | 6100 |
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