The Yakub Hanging

The Last Word:

As per The Hurra Standards [See, (2002) 4 SCC 388] a Curative Petition shall be Circulated amongst the “3 Senior-Most Judges” of the SC and the “Judges who passed the Judgment complained of, if available”. Was My Lord Available?

Hon’ble Justice Dipak Misra:

Needless to say, the Availability has been mentioned thereinwhile this Court exercises the jurisdiction in respect of a Curative Petition, it is actually the Principal Judgment/Main Judgment, which is under assailthe Curative Petition is filed against the Main Judgment which is really complained ofthe Judges, who delivered the Main Judgment admittedly were not available in officeif as a principle it is laid down that the Judges who decide the Review (Dave, Chelameshwar and Joseph JJ.) in the absence of the Judges who have demitted the Office (and who delivered the Main Judgment, Sathasivam and Chauhan JJ.), are to be made Parties by a Judicial Imperative, that would not be appropriate.”

The Last Word:

An Optimal Bench for a Circulation of Yakub’s Curative Petition would have been CJI Dattu and Hon’ble Justices Thakur, Dave, Chelameshwar and Joseph. It is admitted that this Optimal Bench carries no Judicial Imperative. Would it be correct to state that as per The Majority Rule, a decision amongst CJI Dattu and Hon’ble Justices Thakur and Dave to list (or dismiss) the Curative Petition would suffice?

Hon’ble Justice Dipak Misra:

Mr. Mukul Rohatgi, Learned Attorney General would submit 3 Senior-Most Judges have been categorically stated to be Parties to the Bench… if it (the Curative Petition) is dealt with by 3 Senior-Most Judges, as in this case by the Chief Justice of India and 2 Senior-Most Judges, the Order would not become voidin our considered opinion, the submissions canvassed by the Mr. Mukul Rohatgi, Learned Attorney General, deserves acceptation.”

The Last Word:

Did CJI Dattu figure The Majority Rule perfectly?

Hon’ble Justice Dipak Misra:

We disagree with the view expressed by Kurian Joseph, J. in this regardas a sequitur, the dismissal of the Curative Petition by the 3 Senior-Most Judges of this Court has to be treated as correct and not vitiated by any kind of procedural irregularity.”

The Last Word:

What of Advocate Raju Ramchandran?

Hon’ble Justice Dipak Misra:

Mr. Raju Ramachandran, Learned Senior Counsel, would emphasize on the word ‘judgment’ as the dismissal of the Review Petition has been captioned as ‘judgment’. The nomenclature, in our considered opinion, is not relevant…The purpose of saying so is that solely because the dismissal of the Review Petition has been nomenclatured as ‘judgment’, it will not come within the ambit and sweep of the concept of ‘judgment complained of’.

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