Supreme Court - Daily Orders
Major N.R. Ajwani vs Union Of India . on 20 November, 2014
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
I.A.No.3 of 2014
in
REVIEW PETITION (C) NO.1596 OF 2014
IN
CIVIL APPEAL NO.2953 of 2001
(@ C.A. Nos.2951-2957 of 2001)
MAJOR N.R. AJWANI Petitioner(s)
VERSUS
UNION OF INDIA AND ORS. Respondent(s)
WITH
I.A.Nos.11-15 of 2014
in
REVIEW PETITION (C) NO(s).1591-1595 OF 2014
IN
CIVIL APPEAL NO(s).2951, 2954, 2955, 2956 and 2957 of 2001
(@ C.A. Nos.2951-2957 of 2001)
ORDER
Civil Appeals No.2951-2957 of 2001 were disposed of by an order dated 6th March, 2014 passed by a Three-Judge Bench of this Court presided over by Dr. Justice B.S. Chauhan, Former Judge of this Court. Review Petition © No.1596 of 2014 in Civil Appeal No.2953 of 2001 (@ Civil Appeals No.2951-2957 of 2001) along with Review Petitions © No.1591-1595 in C.A.Nos.2951 & 2954 to 2957 of 2001, filed against that order however came up before us, as Dr. Justice B.S. Chauhan had since demitted office.
Signature Not Verified
Review Petition © No.1596 of 2014 along with Digitally signed by Mahabir Singh Date: 2014.11.21 connected matters was dismissed by our order dated 20 th August, 2014. 10:17:02 IST Reason:
The present applications (I.A.No(s).3, 11-15) for recall of order dated 2 20th August, 2014 have now been filed pointing out that the said review petitions should not have been listed before a Bench in which one of us (Thakur, J.) is a member as the same related to what is known “Samba Spy Cases” in which Justice T.S. Thakur had represented one of the accused persons (not a party to any one of these cases) in the court martial held sometime in the year 1987. The order passed in the said review petitions is, therefore, coram non-judicious as per record.
Having considered this submission made in these applications (I.A.No(s).3, 11-15) and without going into the merits of the contentions sought to be urged, we deem it appropriate to recall our order dated 20 th August, 2014 by which Review Petition © No.1596 of 2014 and connected matters were dismissed and restore the said petitions to their original numbers. We order accordingly. The review petitions may now be listed for fresh consideration before a Bench in which one of us (Thakur, J.) is not a member.
......................…......…………..….J. (T.S. THAKUR) ......................…......…………..….J. (J. CHELAMESWAR) ......................…......…………..….J. (M.Y. EQBAL) New Delhi November 20, 2014 3 Chamber Matter SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS I.A.No. 3 In R.P.(C) No. 1596/2014 IN C.A. No. 2953/2001 @ C.A. No. 2951-2957/2001 MAJOR N.R. AJWANI Petitioner(s) VERSUS UNION OF INDIA AND ORS. Respondent(s) (With appln.(s) for recall of order dated 20.08.2014 and restore the review petition) WITH I.A.Nos.11-15 in REVIEW PETITION (C) NO(s).1591-1595 OF 2014 IN CIVIL APPEAL NO(s).2951, 2954, 2955, 2956 and 2957 of 2001(@ C.A. Nos.2951-2957 of 2001) (With appln.(s) for recall of order dated 20.08.2014 and restore the review petition) Date: 20/11/2014 These matters were circulated today. CORAM :
HON'BLE MR. JUSTICE T.S. THAKUR HON'BLE MR. JUSTICE J. CHELAMESWAR HON'BLE MR. JUSTICE M.Y. EQBAL By Circulation UPON perusing papers the Court made the following O R D E R In terms of the signed order, order dated 20th August, 2014 is recalled and the review petitions restored to their original numbers:
“Having considered this submission made in these applications (I.A.No(s).3, 11-15) and without going into the merits of the contentions sought to be urged, we deem it appropriate to recall our order dated 20th August, 2014 by which Review Petition © No.1596 of 2014 and connected matters were dismissed and restore the said petitions to their original numbers. We order accordingly. The review petitions may now be listed for fresh consideration before a Bench in which one of us (Thakur, J.) is not a member.” I.A.Nos.3, 11-15 stand disposed of accordingly.
(MAHABIR SINGH) (VEENA KHERA)
COURT MASTER COURT MASTER
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(Signed order is placed on the file)