Union Of India And Others Vs. Sushil Kumar Modi And Others On 11 September, 1997

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Union Of India And Others v. Sushil Kumar Modi And Others

Union Of India And Others
v.
Sushil Kumar Modi And Others

(Supreme Court Of India)

Special Leave to Petition (Civil) No. 17144-17145 Of 1997 | 11-09-1997

1. Learned Attorney General submits that the real grievance in this petition is against the direction given by the High Court in the order dated 29-8-1997 pertaining to the inquiry into the manner in which the assistance of the army was sought for execution of the warrant of arrest against Shri Laloo Yadav. We find that in the special leave petition, the real grievance of the petitioner has not been brought out clearly and the specific portions of the High Court's order dated 29-8-1997 have not been indicated against which the petitioner has the grievance. This he done by amending the petition within four days

2. In a matter of this kind, which is a PIL matter, it is unnecessary to issue notice to all the respondents and to permit all the individuals shown as respondents (writ petitioners in the High Court) to continue as separate parties in the matter. In view of the fact that Shri Shanti Bhushan appears for one of these respondents (Respondent 11) and that the remaining writ petitioners/respondents have identical interest, which in substance is a matter of public interest, we do not direct issue of notice to the others

3. We now request Shri Shanti Bhushan to appear as amicus curiae in this matter in this Court and, therefore, none of the original writ petitioners/individual respondents in the special leave petition have any additional or distinct right of appearance in the matter. Shri Gopal Singh is requested to assist Shri Shanti Bhushan. We make this direction in consonance with the procedure adopted in other similar matters in this Court

4. Issue notice only to Respondents 5 to 8 and 14 to 19.

Advocates List

For

Bench List

HON'BLE JUSTICE J. S. VERMA (CJI)

HON'BLE JUSTICE S. P. BHARUCHA

Eq Citation

AIR 1997 SC 1672

1997 (1) SCALE 432

(1997) 4 SCC 770

AIR 1997 SC 725

LQ/SC/1997/1250

HeadNote

Constitution of India — Art. 32 — PIL — PIL matter — In such matter, it is unnecessary to issue notice to all respondents and to permit all individuals shown as respondents (writ petitioners in High Court) to continue as separate parties in the matter — In view of the fact that one of the respondents (R-11) is represented by Shri Shanti Bhushan and that the remaining writ petitioners/respondents have identical interest, which in substance is a matter of public interest, issue of notice to others not directed — In consonance with the procedure adopted in other similar matters in Supreme Court, Shri Shanti Bhushan requested to appear as amicus curiae in the matter and none of the original writ petitioners/individual respondents in the SLP have any additional or distinct right of appearance in the matter — Shri Gopal Singh requested to assist Shri Shanti Bhushan