Can’t seek recall of judicial orders, if not a party: High Court - ECAS Punjab

Can’t seek recall of judicial orders, if not a party: High Court

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Saurabh Malik
Tribune News Service
Chandigarh, November 27

The Punjab and Haryana High Court has ruled that a person cannot seek recall or review of judicial orders, if he is not a party to the proceedings. The ruling came as Justice Rajan Gupta asserted it could not be ruled out that an application seeking review of an order passed in the sacrilege matter was filed with some "oblique motive".

The applicant, Sukhjinder Singh, was seeking review of Justice Gupta's order dated January 25, 2019, upholding a Vidhan Sabha resolution to withdraw consent for a CBI probe. Punjab Advocate-General Atul Nanda had contended the applications were "hopelessly time-barred and not maintainable" as applicant was not a party to the petition.

Justice Gupta asserted it was inexplicable why applicant, not a party to the proceedings, approached the court after huge delay for review. "Even hearing of the writ petition continued for a number of days, but neither he filed any petition nor any application for impleadment. Since the applicant was not a party, he cannot seek recall or review of the order passed by this court in view of Section 362, CrPC," Justice Gupta said.

In his order uploaded on the HC website today, Justice Gupta added the scope of review jurisdiction was limited. In case the applicant felt he had an independent cause of action, he could always avail appropriate remedy. "Present application is, thus, not only misconceived, but frivolous in nature," Justice Gupta added.

Justice Gupta added the court had dismissed the petition seeking quashing of notifications withdrawing the investigation from CBI after detailed hearing and analysis of the questions of law. The court held that the state was entitled to issue notification withdrawing the case from the CBI pursuant to resolution passed in the Vidhan Sabha, particularly when investigation by the CBI had not made any headway.

"Keeping in view the facts of the case and the questions of law raised before the court, it dismissed the writ petition.... The plea for review of order dated January 25, 2019, is hereby rejected. The application is dismissed," Justice Gupta said.



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