Supreme Court of India
Writ Petition (Civil) No(S). 334 Of 2005
Shiva Kant Jha, Petitioner(s)
Union Of India & Anr., Respondent(s)
(With appln(s) for exemption from filing O.T. and office report
Date: 28/11/2007 This Petition was called on for hearing today.
Hon'ble The Chief Justice
Hon'ble Mr. Justice R.V. Raveendran
Hon'ble Mr. Justice J.M. Panchal
Mr. Gopal Subramanian, ASG (A.C.)
Mr. Aman Ahluwalia, Adv.
For Petitioner(s) Mr.
Shiva Kant Jha,
WP(C) 334/05 Petitioner-In-Person
WP(C) 456/07 Petitioner-In-Person
UPON hearing counsel the Court made the following
Petitioner who appeared in person, has filed this petition. Though
several reliefs are sought in the petition as recorded in the Order dated 25,
8. 2006, restricted the prayer in this petition to a re-look into the decision
of this Court in Rupa Ashok Hurra vs. Ashok Hurra & Anr. (2002 (4) S.C.C.388.
We heard petitioner-in-person at length and learned Additional
Solicitor General of India. Petitioner argued that all final decisions of this
Court are subject to the remedy available under Article 32 of the Constitution.
Petitioner contended that there may be occasions where the decisions of this
Court may violate the fundamental rights of citizens and under those circumstances,
the aggrieved should have remedy under Article 32 of the Constitution against
such decisions. In support of his contentions, he referred to the views of several
learned authors and the decisions of English Courts. It is not necessary to
refer to them, as the question has been exhaustively considered by the Constitution
Bench of this Court in Rupa Ashok Hurra (supra).
Of course, the decision of this Court could be reviewed and if
necessary varied in appropriate cases, as pointed out in Rupa Ashok Hurra. The
decision of an earlier Bench could also be overruled by a larger Bench. But
we do not accept the submission of the petitioner, that the decision of this
Court which has attained finality could be subjected to judicial review under
Article 32 of the Constitution, at the instance of one of the parties to the
decision. We find no merit in the writ petition. The writ petition is accordingly
W.P.(C) N0. 456/2007 is de-linked and adjourned.