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Civil · Reportable judgment

Tehseen Poonawalla vs Union of India & Anr.

Court
Supreme Court of India
Date
26 September 2018
Case No.
MA No.1607 of 2018
Result
Disposed
Bench
Dipak Misra, D.Y. Chandrachud, A.M. Khanwilkar
Citation
[2018] 12 S.C.R. 204 : 2018 INSC 888
Supreme Court Reports [2018] 12 S.C.R. 204 : 2018 INSC 888
Headnote

Practice and Procedure – Judgment pronounced in Tehseen Poonawalla versus Union of India and Anr. [W.P. (C) No. 19 of 2018] on 19th April 2018 as reported in [2018] 9 SCR 1 – Remarks purportedly made by Supreme Court that the conduct of the counsel for the petitioners and intervenors therein prima facie constituted contempt of court – Miscellaneous application filed for expunging/deleting the said remarks as against the present applicant/counsel, who appeared for one of the intervenor therein – Held: Paragraph

75 of the judgment in Tehseen Poonawalla case records the submission which was urged by the applicant namely, that contempt notices should be issued to the Administrative Committee of the High Court – The fact that such a submission was made is not in dispute – In fact, the said submission has also been repeated in the present application, as originally filed – Further, present application proceeds on the basis that the observations which were made in regard to the conduct of the petitioners and intervenors attach to the applicant personally – If the applicant identifies with the intervenor, that is a matter of perception for applicant/counsel – Findings of Supreme Court were based on what was argued during the course of the hearing – Miscellaneous Application accordingly disposed of.

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

The Order of the Court was passed by DR. DHANANJAYA Y. CHANDRACHUD, J. 1. Ms Indira Jaising has moved a Miscellaneous Application seeking the following reliefs : “a) Issue appropriate order or direction expunging/deleting the remarks made against the counsel for present intervenor/applicant herein that the conduct of the counsel/applicant herein amounted to contempt or prima facie contempt of court, namely the following : “74. The present case is indeed a case in point. Repeatedly, counsel for the petitioners and intervenors have attempted to inform the court that they have no personal age
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