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2013 Supreme(SC) 107
SUPREME COURT OF INDIA
SURINDER SINGH NIJJAR, M.Y. EQBAL, JJ.
RAJU GHOSH & ORS. – Appellants.
VERSUS
STATE OF TRIPURA & ORS. – Respondent
Civil Appeal No. 801 of 2013 (Arising out of SLP(C) No.23286/2012)
Decided On : 30-1-2013.
The urgency of the situation due to the upcoming elections and the shortage of police personnel influenced the Court's decision to dispose of the appeal and request the High Court to decide the appeal on a priority basis, without considering the merits of the issues involved.
Headnote:
Leave - Special Leave - Interim Order - Gauhati High Court - Writ Appeal - Police Personnel - Elections - Urgency - Disposal of Appeal - Setting Aside of Order - No Merits Considered
Fact of the Case:
The appeal was filed against an interim order passed by the Gauhati High Court, Agartala Bench in Writ Appeal No.23 of 2012. The Supreme Court, while staying the operation of the impugned order, noted the urgency due to the upcoming elections and the acute shortage of police personnel in the State of Tripura.
Finding of the Court:
The Court disposed of the appeal by requesting the High Court to decide the appeal on a priority basis, aiming for a decision by a specified date. The order passed by the Division Bench of the High Court was set aside, and the appeal was allowed to that extent. The Court clarified that it did not consider the merits of the issues involved.
Issues: Urgency in deciding the appeal due to upcoming elections and shortage of police personnel, setting aside of the order passed by the Division Bench of the High Court, and the clarification that no merits of the issues were considered by the Supreme Court.
Ratio Decidendi: The urgency of the situation due to the upcoming elections and the shortage of police personnel influenced the Court's decision to dispose of the appeal and request the High Court to decide the appeal on a priority basis. The Court clarified that it did not consider the merits of the issues involved.
Final Decision: The order passed by the Division Bench of the High Court was set aside, and the appeal was allowed to that extent. The Court requested the High Court to decide the appeal on a priority basis, aiming for a decision by a specified date. The Court clarified that it did not consider the merits of the issues involved.
ORDER
1. Leave granted.
2. Heard the learned counsel for the parties at length. Application for deletion of the names of Respondent Nos.4 to 8 is allowed.
3. This appeal, by special leave, has been filed against the interim order dated 3.7.2012 passed by the Gauhati High Court, Agartala Bench in Writ Appeal No.23 of 2012. At the time of issuing notice in the special leave petition, this Court had stayed the operation of the impugned order passed by the High Court. It is brought to our notice by Mr. Jaideep Gupta, learned senior counsel appearing for the State of Tripura that the elections are due to be held in February, 2013. There is acute shortage of police personnel in the State of Tripura. Therefore, it is necessary that the proceedings in this matter are finalized with utmost expedition. The aforesaid position is not disputed by Mr. Rana Mukherjee, learned counsel appearing for the appellants, who, in fact, submitted that his clients had not sought any adjournment before the High Court and they are ready and willing to go ahead with the hearing of the writ appeal.
4. We are of the opinion that it would be in the interest of justice if the High Court takes up the hearing of the appeal on priority basis so that the State is not deprived of the services of the police personnel, who would be required at the time of elections. We, therefore, dispose of this appeal by requesting the High Court to decide the appeal (Writ Appeal No.23/2012), if possible, by the 7th of February, 2013.
5. In view of the above, the order passed by the Division Bench of the High Court is set aside and the appeal is allowed to that extent.
6. We make it clear that we have disposed of this appeal without going into the merits of the issues involved. Although we have set aide the order passed by the Division Bench of the High Court, we make it clear that the order of the learned Single Judge also shall not be given effect to till the decision of the appeal by the High Court.
7. Let a copy of this order be sent to the Registrar General of the Gauhati High Court, Tripura Bench, today itself.
