JUDGMENT :

ALTAMAS KABIR, CJI.

1. Certain questions of fact and law were raised on behalf of the parties when the review petitions were heard. Review petitions are ordinarily restricted to the confines of the principles enunciated in Order 47 of the Code of Civil Procedure, but in this case, we gave counsel for the parties ample opportunity to satisfy us that the judgment and order under review suffered from any error apparent on the face of the record and that permitting the order to stand would occasion a failure of justice or that the judgment suffered from some material irregularity which required correction in review. The scope of a review petition is very limited and the submissions advanced were made mainly on questions of fact. As has been repeatedly indicated by this Court, review of a judgment on account of some mistake or error apparent on the face of the record is permissible, but an error apparent on the face of the record has to be decided on the facts of each case as an erroneous decision by itself does not warrant a review of each decision. In order to appreciate the decision rendered on the several review petitions which were taken up together for consideration, it is necessary to give a background in which the judgment and order under review came to be rendered.

2. One Vishwanath Chaturvedi, claiming to be an Advocate by profession and unconnected with any political party or parties, filed Writ Petition (Civil) No.633 of 2005, inter alia, for the following relief :-

“(a) issue an appropriate writ in the nature of mandamus directing Respondent No.1 to take appropriate action to prosecute Respondent Nos.2 to 5 under the Prevention of Corruption Act, 1988, for acquiring amassed assets more than the known source of their income by misusing their power and authority;”

3. In the Writ Petition, the Writ Petitioner provided instances of the wealth allegedly acquired by the said Respondents beyond their known source of income. After a contested hearing, this Court was of the view that the inquiry should not be shut out at the threshold because political elements were involved. The prayer in the Writ Petition was, therefore, moulded and the same was disposed of on 1st March, 2007, with a direction upon the Central Bureau of Investigation, hereinafter referred to as the “CBI”, to inquire into the allegations relating to acquisition of wealth by the Respondent Nos.2 to 5. The CBI was also directed to find out as to whether there was any truth in the allegations made by the Petitioner regarding acquisition of assets by the said Respondents disproportionate to their known source of income and to submit a report to the Union of India which could take further steps in the matter.

4. Soon, thereafter, the Respondent Nos.2 to 5 filed Review Petitions for review of the aforesaid judgment dated 1st March, 2007 in Writ Petition (Civil) No.633 of 2005 and the same was directed to be posted before the Court on 16th March, 2007. Subsequently, the Review Petitions were placed for hearing before the Court on 20th March, 2007 and ultimately on 10th February, 2009, the Court directed notice to issue thereupon. On 1st April, 2009, when the Review Petitions were taken up for hearing, a submission was made on behalf of the Review Petitioners that one of the questions, which could have a vital bearing on the matters, related to the question as to whether the Court could issue directions to the CBI, notwithstanding the provisions of Section 6 of the Delhi Special Police Establishment Act, 1946, which was under consideration of the Constitution Bench in Civil Appeal Nos.6249-6250 of 2001 filed by the State of West Bengal. The hearing of the Review Petitions was, therefore, adjourned till a decision was pronounced by the Constitution Bench in the above Appeals. The Constitution Bench ultimately held that the High Court was within its jurisdiction in directing the CBI to investigate into a cognizable offence alleged to have been committed wi