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Supreme Court - Daily Orders

Azim Hasham Premji vs India Awake For Transparency on 5 October, 2021

Bench: Sanjay Kishan Kaul, M.M. Sundresh

                                             1

     ITEM NO.1           Court 6 (Video Conferencing)           SECTION II-C

                          S U P R E M E C O U R T O F     I N D I A
                                  RECORD OF PROCEEDINGS

     Petition(s) for Special Leave to Appeal (Crl.)              No(s).   2588-
     2590/2020

     (Arising out of impugned final judgment and order dated 15-05-2020
     in CRLP No. 1496/2020 15-05-2020 in CRLP No. 1499/2020 15-05-2020
     in CRLP No. 1500/2020 passed by the High Court Of Karnataka At
     Bengaluru)

     AZIM HASHAM PREMJI & ANR.                                 Petitioner(s)

                                           VERSUS

     INDIA AWAKE FOR TRANSPARENCY & ORS.ETC.           Respondent(s)
     INTERLOCUTORY APPLICATION NO 103945, 122265, 128677 & 128678 OF
     2021
     (Application for permission to file additional documents and
     application from exemption from filing affidavit)

     WITH
     SLP(Crl) No. 2661-2662/2020 (II-C)
     INTERLOCUTORY APPLICATION NO 122217, 128484 & 128486 OF 2021
     (Application from exemption from filing affidavit, permission to
     file additional documents and application from exemption from
     filing affidavit)

     SLP(Crl) No. 2599-2601/2020 (II-C)
     INTERLOCUTORY APPLICATION NO 122285, 128639 & 128641 OF 2021
     (Application from exemption from filing affidavit, Application for
     permission to file additional documents and application from
     exemption from filing affidavit)

     SLP(Crl) No. 2603-2605/2020 (II-C)
     INTERLOCUTORY APPLICATION NO 122236 ,128630 & 128637 OF 2021
     (Application from exemption from filing affidavit, permission to
     file additional documents and application from exemption from
     filing affidavit)

     SLP(Crl) No. 3531/2020 (II-C)
     INTERLOCUTORY APPLICATION NO 122317, 128478 & 128479 OF 2021
     (Application from exemption from filing affidavit, permission to
     file additional documents and application from exemption from
     filing affidavit)
Signature Not Verified

Digitally signed by
Charanjeet kaur
Date: 2021.10.05

     Date : 05-10-2021 These matters were called on for hearing today.
16:51:17 IST
Reason:
                                    2

CORAM :
          HON'BLE MR. JUSTICE SANJAY KISHAN KAUL
          HON'BLE MR. JUSTICE M.M. SUNDRESH


For Petitioner(s)   Mr.   S. Ganesh, Sr. Adv.
1                   Mr.   Mahesh Agarwal, Adv.
                    Mr.   Himanshu Satija, Adv.
                    Mr.   Shivam Shukla, Adv.
                    Mr.   E. C. Agrawala, AOR

1.2                 Mr.   S. Ganesh, Sr. Adv.
                    Mr.   Mahesh Agarwal, Adv.
                    Mr.   Himanshu Satija, Adv.
                    Mr.   Shivam Shukla, Adv.
                    Mr.   E. C. Agrawala, AOR

1.3                 Mr.   Mukul Rohatgi, Sr. Adv.
                    Mr.   Mahesh Agarwal, Adv.
                    Mr.   Himanshu Satija, Adv.
                    Mr.   Shivam Shukla, Adv.
                    Mr.   E. C. Agrawala, AOR

1.4                 Dr. R. Prakash, Adv.
                    Mr. Vishwa Pal Singh, AOR
                    Mr. Brijender Singh Dhull, Adv.
                    Mrs. Pooja Jha, Adv.
                    Ms. Nandita Jha, Adv.
                    Mr. Ashish Pandey, Adv.

1.1                 Mr.   V.K. Shukla, Sr. Adv.
                    Mr.   P.B. Suresh, Adv.
                    Mr.   Vipin Nair, AOR
                    Mr.   Karthik Jayashankar, Adv.
                    Mr.   Arindam Ghosh, Adv.
                    Mr.   Prakash Baghel, Adv.
                    Mr.   Anshuman Bahadur, Adv.
                    Mr.   Sanal Nambiar, Adv.

For Respondent(s)   Mr.   R. Subramanium, Adv.
                    Mr.   Abhishek Singh, Adv.
                    Mr.   Arnav Dash, Adv.
                    Ms.   Shruti Agarwal, AOR


           UPON hearing the counsel the Court made the following
                              O R D E R

Applications for permission to file additional documents and exemption from filing affidavit are allowed.

Leave granted.

3

Interim orders made absolute.

We would not like to spend considerable judicial time on these proceedings in the context of some of the orders read against the respondent in the present proceedings, more so, in view of the criminal contempt proceedings initiated against the complainant, the volunteer and Mr. R. Subramanium vide order dated 06.07.2021 by a Bench of the Karnataka High Court. We are told that the next date in those proceedings is 19 th October, 2021. Both the parties assure us that they will fully cooperate to see that a final view is taken by the Division Bench in those proceedings and we are placing the present matters for directions, by which date possibly, the view of the Karnataka High Court would be placed before us.

We are informed that the contemnors have not filed any reply to the contempt notice but have filed an application seeking recall of the order issuing notice. In that application, the petitioner(s) before us have to file a reply and that application will come up for consideration. We see no reason why the contemnors should not file a reply to the contempt notice, without prejudice to their claims made in the application seeking recall of the order and such a reply be filed by 18 th October, 2021 before the High Court and be brought on record and it will be thereafter for the High Court to proceed in the manner deemed appropriate qua the contempt notice as well as the application for recall.

4

List for directions on 02.12.2021.

A copy of the order be placed before the Division Bench of the Karnataka High Court in Crl. CCC No.9 of 2021. (ASHA SUNDRIYAL) (SUNIL KUMAR RAJVANSHI) ASTT. REGISTRAR-cum-PS BRANCH OFFICER