S. K. Warikoo v. State Of Jammu And Kashmir And Others

S. K. Warikoo v. State Of Jammu And Kashmir And Others

(Supreme Court Of India)

Review Petition No. 2210 Of 1997 In Slp (C) No. 12620 Of 1997 | 05-11-1997

1. Delay condoned.

2. Personal hearing declined.

3. With this review petition, three annexures have been filed. According to Annexure 1, one of the Members of this Bench (Anand, J.) had admitted the Letters Patent Appeal (No. 30 of 1986) to hearing while presiding over a Division Bench, as Chief Justice of the Jammu and Kashmir High Court, on 7-9-1987. Annexure 3 is the copy of Government Notification No. 51 of 1997 of 30-1-1997 reconstituting the Board of Directors of SIDCO after superseding the earlier Board constituted on 18-3-1996. This information was withheld from the Bench at the time when the special leave petition was argued. Annexures 1 and 3 were not brought to the notice of the Bench. In the special leave petition also there is no indication of the facts as contained in these two annexures. We record our strong disapproval of withholding these facts from the Bench when the SLP was argued. It was improper on the part of the advocate not to have informed the Bench. The petitioner-inperson has now rightly averred in para 19 of the review petition that had those "facts been brought to the notice of this Honble Court, their Lordships would have declined to hear the matter"

4. Be that as it may, now that the petitioner-in-person has brought to the notice of the Bench through this review petition that one of us (Anand, J.) had dealt with the matter in the High Court, even though at a preliminary stage of admission of the LPA, we consider it appropriate to issue notice to the learned counsel who had appeared for the respondents on 28-7-1997 in the SLP, in this review petition returnable next week. The record of the special leave petition shall be put up along with the review petition and the same be listed along with this review petition before a Bench of which Anand, J. is not a Member.

Advocate List
Bench
  • HON'BLE JUSTICE DR. A. S. ANAND
  • HON'BLE JUSTICE K. T. THOMAS
Eq Citations
  • JT 1998 (9) SC 3
  • (1998) 9 SCC 677
  • LQ/SC/1997/1447
Head Note

Constitution of India — Arts. 137 and 136 — Review — Review of order passed by Bench of which one Member was a party to earlier proceedings — Proper course of action — Held, it is improper to withhold facts from Bench when SLP is argued — It was improper on part of advocate not to have informed Bench — Advocate-Client Relationship — Duty of advocate to client