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Supreme Court of India 2021-04-12 disposed

Justice vs Eswaraiah (Retd.) vs. Union of India & Ors

Bench: 2 — Ashok Bhushan

In Brief

A retired Supreme Court Judge filed a Special Leave Petition challenging the High Court's order directing an enquiry into a private telephone conversation between him and a suspended Munsif. The conversation was annexed to an Intervention Application seeking to reopen a COVID-19 related PIL after the High Court had closed preliminary objection hearings. The Supreme Court held that the High Court erred in directing the enquiry because: (1) the PIL's preliminary hearing was closed; (2) the petitioner received no notice or opportunity to be heard; (3) the conversation was unrelated to the maintainability question; and (4) the authenticity was later admitted. The Court set aside the enquiry direction and remanded the PIL for hearing on maintainability and merits.

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Public Interest Litigation Civil Procedure Judicial Conduct Natural Justice Maintainability

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