Can High Courts hear review plea after SC verdicts?
Can a high court entertain a plea seeking review of its judgement after the Supreme Court has dismissed an appeal against the verdict?
New Delhi: Can a high court entertain a plea seeking review of its judgement after the Supreme Court has dismissed an appeal against the verdict?
This tricky question, on which the apex court has passed conflicting orders, has now been referred to a larger bench by the Supreme Court to put divergent opinions of two-judge benches on the issue to an end.
A bench of K S Radhakrishnan and Dipak Misra said in view of the conflicting opinions expressed by various benches earlier, the matter has to be decided by a larger bench for a definite answer.
"We notice considerable arguments are being raised before this court as well as before various high courts in the country on the maintainability of review petitions after the disposal of the special leave petition without granting leave but with or without assigning reasons on which conflicting views are also being expressed by the two-judge benches of this court," the bench said.
"In order to resolve these conflicts and for proper guidance to the high courts, we feel it would be appropriate that this matter be referred to a larger bench for an authoritative pronouncement," the bench said.
The bench said the matter needs to be decided as large number of review petitions are being filed by parties even after dismissal of the SLPs by apex court and depending upon the outcome of the review petitions, SLPs are again being filed before it.