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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, R. Subhash Reddy

In Brief

A retired Supreme Court judge challenged a High Court order directing enquiry into the authenticity of a private phone conversation he had with a third party, which emerged during PIL proceedings concerning COVID-19 governance at a High Court. The High Court had closed hearings on the PIL's maintainability when applications from the third party sought to reopen proceedings using the conversation as evidence. The Supreme Court held that the High Court could not order such enquiry without affording the retired judge natural justice, and once he admitted the transcript's authenticity, further enquiry was unnecessary. The Court set aside the enquiry order and remitted the PIL to the High Court to decide maintainability and merits after fresh hearings.

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Societies Registration Act Public Interest Litigation Judicial Conduct Natural Justice COVID-19 Governance Civil Procedure

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