Suresh Srivastava & Ors. vs Sundeep Bhutoria

Court

Supreme Court of India

Date

21 March 2022

Case No.

Civil Appeal No. 2086 of 22

Result

Disposed

Bench

Dinesh Maheshwari, Aniruddha Bose

Citation

[2022] 1 S.C.R. 875 : 2022 INSC 321

Headnote

Public Interest Litigation: Instant matter was registered as PIL by High Court – Therefore, it ought to be dealt with as a nonadversarial litigation – Respondent in the instant appeal, who is said to have brought certain facts to the notice of the High Court, is, otherwise, standing in the capacity of a disputant qua the appellants – That being the position, the observations made in paragraph 17 of the order impugned, where the High Court has permitted the respondent to assist the Court and thereby has practically assigned him the role of an amicus, do not appear compatible with the requirements of a PIL – Therefore, paragraph

17 of the impugned order is annulled – In other words, the matter is left open to be dealt with as a PIL; and all the relevant aspects of the matter are left open for the examination by the High Court with the assistance of amicus curiae, who has also been appointed in terms of paragraph 18 of the order impugned.

The following Order of the Court was passed : ORDER 1. Leave granted. 2. Having heard Mr. Pallav Shishodia, learned senior counsel for the appellants and Mr. Gopal Sankaranarayanan, learned senior counsel for the sole respondent, we are not inclined to consider interference in the core of the questioned part of impugned order dated 17.02.2022 (from paragraph 11 onwards), insofar as the High Court has considered it proper to direct registration of a Public Interest Litigation (‘PIL’) concerning the association in question, i.e., Indian Federation of United Nations Association, particularly h

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