Supreme Court - Daily Orders
Arun Muthuvel vs Union Of India on 5 February, 2024
Author: B.V. Nagarathna
Bench: B.V. Nagarathna
ITEM NO.52+38 COURT NO.12 SECTION PIL-W
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
WRIT PETITION(S)(CIVIL) NO(S). 756/2022
ARUN MUTHUVEL Petitioner(s)
VERSUS
UNION OF INDIA & ORS. Respondent(s)
(IA No. 197034/2022 - APPROPRIATE ORDERS/DIRECTIONS
IA No. 50195/2023 - APPROPRIATE ORDERS/DIRECTIONS
IA No. 181650/2022 - APPROPRIATE ORDERS/DIRECTIONS
IA No. 19266/2023 - APPROPRIATE ORDERS/DIRECTIONS
IA No. 181569/2022 - APPROPRIATE ORDERS/DIRECTIONS
IA No. 179193/2022 - APPROPRIATE ORDERS/DIRECTIONS
IA No. 4734/2023 - APPROPRIATE ORDERS/DIRECTIONS
IA No. 78519/2023 - APPROPRIATE ORDERS/DIRECTIONS
IA No. 179058/2022 - APPROPRIATE ORDERS/DIRECTIONS
IA No. 205942/2022 - APPROPRIATE ORDERS/DIRECTIONS
IA No. 50391/2023 - CLARIFICATION/DIRECTION
IA No. 235190/2023 - INTERVENTION APPLICATION
IA No. 169226/2022 - INTERVENTION/IMPLEADMENT
IA No. 50390/2023 - INTERVENTION/IMPLEADMENT
IA No. 150600/2022 - INTERVENTION/IMPLEADMENT
IA No. 196980/2022 - INTERVENTION/IMPLEADMENT
IA No. 181719/2022 - INTERVENTION/IMPLEADMENT
IA No. 50188/2023 - INTERVENTION/IMPLEADMENT
IA No. 19264/2023 - INTERVENTION/IMPLEADMENT
IA No. 78516/2023 - INTERVENTION/IMPLEADMENT
IA No. 173949/2022 - INTERVENTION/IMPLEADMENT
IA No. 205941/2022 - INTERVENTION/IMPLEADMENT)
WITH
W.P.(C) No. 931/2022 (X)
(FOR)
W.P.(C) No. 1129/2022 (X)
(FOR ADMISSION)
W.P.(C) No. 42/2023 (X)
(FOR APPLICATION FOR FILING THE PETITION WITHOUT DISCLOSING THE
IDENTITY OF THE PETITIONER/RESPONDENT ON IA 8968/2023
FOR APPROPRIATE ORDERS/DIRECTIONS ON IA 14205/2023
IA No. 8968/2023 - APPLICATION FOR FILING THE PETITION WITHOUT
Signature Not Verified
DISCLOSING THE IDENTITY OF THE PETITIONER/RESPONDENT
Digitally signed by
RADHA SHARMA
Date: 2024.02.05
IA No. 14205/2023 - APPROPRIATE ORDERS/DIRECTIONS)
18:36:12 IST
Reason:
1
W.P.(C) No. 164/2023 (X)
(FOR ADMISSION)
W.P.(C) No. 522/2023 (X)
(FOR ADMISSION)
W.P.(C) No. 487/2023 (X)
(FOR ADMISSION
IA No. 90140/2023 - GRANT OF INTERIM RELIEF
IA No. 115323/2023 - INTERVENTION/IMPLEADMENT
IA No. 190740/2023 - INTERVENTION/IMPLEADMENT
IA No. 164088/2023 - INTERVENTION/IMPLEADMENT
IA No. 162623/2023 - INTERVENTION/IMPLEADMENT
IA No. 154907/2023 - INTERVENTION/IMPLEADMENT
IA No. 116569/2023 – INTERVENTION/IMPLEADMENT
IA.No.23845/2024
IA.No. 22906/2024)
W.P.(C) No. 830/2023 (X)
(IA No.161812/2023-STAY APPLICATION)
I.A. No.28165/2024
I.A. No.28166/2024
W.P.(C) No. 1316/2023 (X)
(FOR ADMISSION)
W.P. (C) No.61/2024
(FOR ADMISSION and IA No.20781/2024-STAY APPLICATION)
Date : 05-02-2024 These matters were called on for hearing today.
CORAM :
HON'BLE MRS. JUSTICE B.V. NAGARATHNA
HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH
For Petitioner(s) Mr. Akshat Srivastava, AOR
Mr. Gaurav Singh, Adv.
Mr. Abhay Pratap Singh, Adv.
Ms. Mohini Priya, AOR
Ms. Aishwarya Sinha, Adv.
Ms. Eka Kumari Singh, Adv.
Mr. W. Nagpal, Adv.
Mr. Supriya, Adv.
Ms. Samariddhi, Adv.
Mr. Malak Manish Bhatt, AOR
Mr. Mayank Pandey, AOR
2
Mr. Nalin Tripathi, Adv.
Mr. Nishank Tripathi, Adv.
Mr. Nischal Tripathi, Adv.
Mr. Mrinmai Sagar, Adv.
Mr. Tilak Vij, Adv.
Ms. Mansha Shukla, Adv.
Ms. Neelam Singh, AOR
Mr. Viresh B. Saharya, AOR
Ms. Radhika Thapar Behl, Adv.
Mr. Akshat Agarwal, Adv.
Mr. Dipak Kumar Jena, Adv.
Mr. Prasanna Kumar, Adv.
Mr. Pradeep Kumar Verma, Adv.
Mr. Raj Shekhar Jena, Adv.
Mr. S. Mishra, Adv.
For Respondent(s) Ms. Aishwarya Bhati, A.S.G.
Mr. Gurmeet Singh Makker, AOR
Mr. Rajat Nair, Adv.
Mr. Ketan Paul, Adv.
Mr. Mayank Pandey, Adv.
Ms. Chitrangda Rashtravara, Adv.
Mr. Arkaj Kumar, Adv.
Ms. Ameyavikrama Thanvi, AOR
Mr. Ivan, AOR
Mr. Alok K Singh, Adv.
Mr. Vivek Mathur, Adv.
Mr. Ravindra Sadanand Chingale, AOR
Mr. Trideep Pais, Sr. Adv.
Ms. Shreya Munoth, AOR
Mr. Gautam Bhatia, Adv.
Ms. Sitamsini Cherukumalli, Adv.
Ms. Kavya S. Lokande, Adv.
Mr. Hitesh Kumar Sharma, Adv.
Mr. Akhileshwar Jha, Adv.
Mr. Sandeep Singh Dingra, Adv.
Ms. Tanishka Grover, Adv.
Mr. Amit Kumar Chawla, Adv.
Mr. Sandhya R. Sawant, Adv.
Ms. Ripul Swati Kumari, Adv.
Mr. Astha Sharma, AOR
3
UPON hearing the counsel the Court made the following
O R D E R
W.P.(C) No. 1316/2023:
Issue notice.
Ms. Aishwarya Bhati learned ASG submitted that Mr. Gurmeet Singh Makker, learned counsel will accept notice for the respondent(s).
Office to show his name as counsel for the respondent(s). W.P. (C) No.61/2024 Issue notice to the respondent(s).
Ms. Aishwarya Bhati learned ASG submitted that Mr. Gurmeet Singh Makker, learned counsel will accept notice for the respondent(s).
Office to show his name as counsel for the respondent(s). Having regard to the interim order passed in the connected matters dated 18.10.2023 and in subsequent cases the petitioner(s) herein is directed to appear before the State Level Medical Board constituted under the Surrogacy (Regulation) Act, 2021 on 12.02.2024.
The report to be submitted by 20.02.2024.
I.A. No.28165/2024 and I.A. No.28166/2024 in W.P.(C) No. 830/2023:
IA.No.23845/2024 and IA.No. 22906/2024 in W.P. (C) No.487/2023:
This Court by order dated 18.10.2023 and by subsequent orders has considered the cases of the respective applicants and thereafter has granted interim reliefs to them.
However, we find that following the said orders several other 4 applications are being filed in the existing pending writ petitions. We find that such a tendency would not be in the interest of the applicants inasmuch as such applicants are driven to file interim applications before this Court rather, interest of justice and access to justice would be subserved if the persons similarly placed to the other applicants in whose cases interim orders have been passed by this Court are enabled to approach the jurisdictional High Court for seeking similar reliefs.
In the circumstances, we dispose these applications reserving liberty to the applicants to approach the jurisdictional High court seeking reliefs that they have sought in these applications or any other reliefs with regard to the issues which arise in these applications.
It is needless to observe that if these applicants approach the jurisdictional High Court then their writ petitions would be considered having regard to the interim orders passed by this Court referred to above and in accordance with law.
The applications stand disposed of in the aforesaid terms. It is further observed that the pendency of the writ petitions before this Court would not come in the way of the jurisdictional High Court in considering the writ petitions to be filed by these applicants or any other similarly placed person in accordance with law.
List all the cases tomorrow i.e. 06.02.2024 immediately after the fresh cases.
(RADHA SHARMA) (MALEKAR NAGARAJ)
COURT MASTER (SH) COURT MASTER (NSH)
5