Supreme Court - Daily Orders
Rajesh Jha vs The State Of Uttar Pradesh on 4 October, 2021
Author: Hima Kohli
Bench: Hima Kohli
1
IN THE SUPREME COURT OF INDIA
INHERENT JURISDICTION
CURATIVE PETITION (CRL) Diary No.3106/2021
IN
REVIEW PETITION (CRL.) NO. 268 OF 2020
IN
PETITION FOR SPECIAL LEAVE TO APPEAL (CRL.) NO. 9884 OF 2019
RAJESH JHA Petitioner(s)
VERSUS
STATE OF UTTAR PRADESH Respondent(s)
ORDER
Office report dated 17.08.2021 records that the curative petition has been received from the convict Rajesh Jha through the Jail Superintendent, District Jail, Dasna, Ghaziabad, Uttar Pradesh against the order dated 16.07.2020, dismissing Review Petition (Crl.) No. 268 of 2020 filed by him against the order dated 25.10.2019 passed in Special Leave Petition No. 9884/2019.
On scrutinizing the curative petition, it was found that the same was not accompanied by the requisite mandatory certificate of Senior Advocate, as per the requirements laid down in the case of “Rupa Ashok Hurra vs. Ashok Hurra & Anr.” (2002) 4 SCC 388.
Instead of filing the requisite certificate from a Senior Advocate, the petitioner has filed an application for exemption from filing the said certificate as IA No. 16266/2021. He has also Signature Not Verified filed an application for grant of bail till the adjudication of the Digitally signed by Indu Marwah Date: 2021.10.23 11:33:42 IST curative petition, registered as I.A. No. 81215 of 2021. Reason:
Being a jail petition in the form of curative, the matter was 2 referred to the Supreme Court Legal Services Committee (SCLSC). The Supreme Court legal Services Committee has forwarded a cover letter dated 16.08.2021 along with a letter dated 11.08.2021 addressed by Mr. Suryanarayana Singh, Senior Advocate stating inter alia that there is no ground available for filing a curative petition.
Order XLVIII Rule 2(2) of the Supreme Court Rules, 2013 makes it mandatory to file a certificate from a Senior Advocate, certifying inter alia that the case is covered in terms of the guidelines laid down in the case of “Rupa Ashok Hurra” (supra).
Since the information received from the Senior Advocate states that no ground is available for entertaining a curative petition, the unregistered Curative Petition is dismissed along with all the pending applications.
……………………………………………...J (HIMA KOHLI) New Delhi Date: 04.10.2021.
3
ITEM NO.65 Court 2 (Video Conferencing) SECTION II
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
CURATIVE PETITION(CRL) Diary No.3106/2021 RAJESH JHA Petitioner(s) VERSUS STATE OF UTTAR PRADESH Respondent(s) (IA No. 16266/2021 - APPLICATION FOR EXEMPTION FROM FILING ORIGINAL VAKALATNAMA/OTHER DOCUMENT IA No. 81215/2021 - GRANT OF BAIL) Date : 04-10-2021 This matter was called on for hearing today. CORAM :
HON'BLE MS. JUSTICE HIMA KOHLI [IN CHAMBER] For Petitioner(s) Jail Petition, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R The Curative Petition is dismissed in terms of the signed order.
Pending application(s), if any, shall stand disposed of.
(INDU MARWAH) (ANITA RANI AHUJA)
COURT MASTER ASSISTANT REGISTRAR
(Signed order is placed on the file)