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Ashiq Hussain Faktoo vs Union Of India . on 20 July, 2015

Bench: Dipak Misra, V. Gopala Gowda

  ITEM NO.301                              COURT NO.5               SECTION X

                               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)(Criminal)    No(s). 46/2008

  ASHIQ HUSSAIN FAKTOO                                              Petitioner(s)

                                                 VERSUS

  UNION OF INDIA & ORS.                                             Respondent(s)

  Date : 20/07/2015 This petition was called on for hearing today.

  CORAM :                HON'BLE MR. JUSTICE DIPAK MISRA
                         HON'BLE MR. JUSTICE V. GOPALA GOWDA

  For Petitioner(s)                Mr. Ram Jethmalani, Sr. Adv.
                                   Ms. Lata Krishnamurthy, Adv.
                                   Ms. P.R. Mala, Adv.
                                   Mr. Manav Sharma, Adv.
                                   Mr. Abhi Datt, Adv.
                                   Mr. Archit Arora, Adv.
                                   Mr. Anirudhanand, Adv.
                                   Ms. Shriya Chauhan, Adv.
                                   Mr.Somandri Goud, Adv.
                                   Mr. Sudarshan Rajan, AOR

  For Respondent(s)                Mr.   R.S. Suri, Sr. Adv.
                                   Mr.   Rajiv Nanda, Adv.
                                   Mr.   P.K. Dey, Adv.
                                   Mr.   ajay Sharma, Adv.
                                   Mr.   B.V. Balramdas, AOR

                                   Mr. Arvind Kumar Sharma,Adv.

                                   Mr. Sunil Fernandes,Adv.

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

Heard Mr. Jethmalani, learned senior counsel for the petitioner and Mr. R.S. Suri, learned senior counsel for the respondents.

In our considered opinion, the contentions that have been Gulshan Kumar Arora Date: 2015.07.22 15:47:06 IST raised by Mr. Jethmalani require consideration by a larger Bench Reason:

and, accordingly, we refer the matter to a larger Bench.

Needless to say, Mr. Jethmalani, learned senior counsel, is at  2 liberty to refer to the contentions which he had raised before us and were noted in our order dated 24.09.2014 except the direction that it should be treated as a review petition to be heard in the open court.

At this juncture, learned senior counsel submitted that this petition should be treated as a petition, regard being had to the principle ex debito justitiae as there has been violation of principles of natural justice which has led to the miscarriage of justice. As we are referring the matter to a larger Bench, it will be open to learned counsel for the petitioner to raise the said issue before the larger Bench.

Registry is directed to place the papers before Hon'ble the Chief Justice of India for appropriate orders.

    (Gulshan Kumar Arora)                    (H.S. Parasher)
        Court Master                           Court Master