JUSTICE V. ESWARAIAH (RETD.) versus UNION OF INDIA & ORS.

JUSTICE V. ESWARAIAH (RETD.) versus UNION OF INDIA & ORS.

Because the petitioner admitted the conversation and filed a corrected English transcript as Annexure P-16, the Supreme Court held that there was no reason to continue the High Court's directed enquiry by retired Justice R.V. Raveendran into the authenticity/genuineness of the transcript; the High Court had exceeded the limited purpose of deciding maintainability and, if it intends to refer to the transcript, it must give the present petitioner an opportunity to be heard.

Parties
Petitioner: Justice V. Eswaraiah (Retd.); Respondent: Union of India & Ors.
Jurisdiction
India
Judgment Date
12 April 2021
Procedural Posture
Special Leave Petition / Disposed of
Outcome
Special leave petition disposed; High Court's direction for enquiry into the pen-drive transcript by Justice R.V. Raveendran set aside to the extent indicated
Legal Topics
Maintainability of PIL, Direction for Enquiry Into Evidence Authenticity, Principles of Natural Justice
Public Interest Litigation Administrative Law Civil Procedure Maintainability of PIL Direction for Enquiry Into Evidence Authenticity Principles of Natural Justice

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Parties

Justice V. Eswaraiah (Retd.)

Petitioner

Union of India & Ors.

Respondent

Procedural Posture

Special Leave Petition / Disposed of

Legal Issues

  1. 1 Whether the High Court could direct an external enquiry by a retired Supreme Court Judge into the authenticity/genuineness of a private conversation transcript
  2. 2 Whether the High Court could reopen proceedings after having closed hearing on preliminary objections regarding maintainability of the PIL
  3. 3 Whether the petitioner should have been given an opportunity before the High Court directed an enquiry into the transcript

Ratio Decidendi

Because the petitioner admitted the conversation and filed a corrected English transcript as Annexure P-16, the Supreme Court held that there was no reason to continue the High Court's directed enquiry by retired Justice R.V. Raveendran into the authenticity/genuineness of the transcript; the High Court had exceeded the limited purpose of deciding maintainability and, if it intends to refer to the transcript, it must give the present petitioner an opportunity to be heard.

Court Disposition

Special leave petition disposed; High Court's direction for enquiry into the pen-drive transcript by Justice R.V. Raveendran set aside to the extent indicated

Orders

  • Direction by the High Court calling for a report from Justice R.V. Raveendran (Retd.) into the authenticity/genuineness of the pen-drive conversation shall not continue
  • Intervention applications Nos.3926 of 2021, 3927 of 2021 and I.A. No.1215 of 2021 are refused/not entertained