बॉम्बे हाई कोर्ट की फटकार के बाद पीछे हटी महाराष्ट्र सरकार।

The order passed by the Three Judge Bench in the recent Suo Motu Contempt case against Adv. Prashant Bhushan has OVERRULED the order passed by 2-Judge Bench in the Suo Motu contempt case Re: Vijay Kurle and others.

The Three Judge bench headed by Justice Arun Mishra, in their order dated 22.07.2020 have followed to a T the procedure laid down in the Supreme Court Rules as well as the binding precedents of the Supreme Court unlike the order passed by the Bench of Justice Rohinton Nariman and Justice Vineet Saran that has thrown all the laws/rules/binding precedents out of the window. The Bench of Justice (Retd.) Deepak Gupta and Justice Aniruddha Bose had further perpetuated the illegalities committed by the Bench of Justice Rohinton Nariman instead of paying heed to the written and oral submissions of the alleged contemnors in Re: Vijay Kurle and others.

The order passed by the three Judge Bench on 22.07.2020 in the matter of Prashant Bhushan has vindicated the arguments put forth by all three alleged contemnors in Re: Vijay Kurle and others.

Lord Buddha had said –

Three things cannot be long hidden: The Sun, the Moon and the Truth.

The procedure followed by the Three Judge Bench in Prashant Bhushan’s case, now proves that the legal position pointed out by the three alleged contemnors in Re: Vijay Kurle’s case was correct. The judgment dated 27.04.2020 and 04.05.2020 passed by the Bench of Justice (Retd.) Deepak Gupta now stands overruled.

Full Bench in C. N. Rudramurthy's case (1998) 8 SCC 275, had ruled that, when view taken by the Larger Benches is on the record then the Supreme Court cannot re-examine a case which has by implication been declared incorrect. The other contrary view by Smaller Benches stands impliedly overruled.

Full Bench in The CIT Bombay City Vs. R.H.Pandi (1974) 2 SCC 627 had ruled that “…. Cursus curiae est lex curiae . The Practice of the Court is the law of the Court. . ”

A comparative analysis of Re: Vijay Kurle vis-à-vis Re: Prashant Bhushan (both being cases of Suo Motu cognizance by Supreme Court) is presented in the ATTACHED PDF, which clearly shows the stark illegalities committed by the two judge Bench of Justice (Retd.) Deepak Gupta vis-à-vis accurate compliance with Supreme Court Rules and binding precedents by the three judge Bench headed by Justice Arun Mishra:

 

The order passed by the Bench headed by Justice Arun Mishra on 22.07.2020 has immensely helped regain the confidence in judiciary, which had taken a severe beating due to orders passed by Justice Rohinton Nariman,Justice Deepak Gupta and Justice Aniruddha Bose in the matter of Re: Vijay Kurle and others.

Hail the Justice.

                 

           Regards

                          Adv. Vivek Ramteke

                                 Chairman

                       All India SC,  ST & Minority

                         Lawyers Association