SC invokes Brihaspati, dismisses petition

Last Updated: Wednesday, February 23, 2011 - 20:53

New Delhi: Quoting the mythological Indian
sage Brihaspati, the Supreme Court on Wednesday said courts cannot
pass orders strictly on technicalities as it would result in
injustice to the parties to a dispute.

The apex court said that though under Section 362 CrPC
courts cannot change an order but it can be recalled if it was
passed without hearing the other party.

"In our opinion, Section 362 cannot be considered in a
rigid and over technical manner to defeat the ends of justice.
As Brihaspati has observed "Kevalam Shastram Ashritya Na
Kartavyo Vinirnayah Yuktiheeney Vichare tu Dharmahaani
Prajayate" which means "the court should not give its decision
based only on the letter of the law. For if the decision is
wholly unreasonable, injustice will follow," the apex court
said in an order.
A bench of justices Markandeya Katju and Gyan Sudha
Mishra made the remarks while dismissing the appeal filed by
Vishnu Agarwal challenging the Allahabad High Court`s decision
to recall an order passed by it.

On September 2, 2003, the High Court had recalled an
order passed by it after one of the aggrieved parties to the
dispute submitted that it was passed without hearing their
counsel. The counsel had submitted that he was not aware of
the listing of the case as it was not shown in the official
cause list.

Agarwal challenged the recall order but the High Court
dismissed it, following which he appealed in the apex court.


First Published: Wednesday, February 23, 2011 - 20:53

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