SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2013 Supreme(SC) 729

Supreme Court of India
P. SATHASIVAM, CJI., DIPAK MISRA, J.
Kamlesh Verma
Versus
Mayawati & Others
Review Petition (Crl.) No. 453 of 2012 in Writ Petition (Crl.) 135 of 2008
Decided On : 08-08-2013

Advocate Appeared:
Mohan Parasaran, Solicitor General, Shanti Bhushan, Harish Salve, S.C. Mishra, Senior Advocates (Shali Kr. Dwivedi, Kapil Mishra, Abhinav Shrivastava, D.L. Chidananda, T.A. Khan, Arvind Kr. Sharma, B. Krishna Prasad, Kamini Jaiswal, Prashant Bhushan, Ms. Anupam Bharti, Shashank Singh, Pyoli Swatija, Akhilesh Karla, Rohit Kr. Singh, P. Narasimhan,) Advocates.

Headnote:

Constitution of India, 1950 - Article 137 - Civil Procedure Code 1908, Rule 1- Order XLVII - Indian Penal Code, 1860 - Section 120-B, 420, 467, 468 and 471 - Corruption Act, 1988 - Section 13 – Arguments - Claim of CBI intervener or stand - Court by order in Writ Petition titled - Mehta Union of India directed CBI to conduct an inquiry on basis - Filed in aforesaid writ petition alleging various irregularities committed by officers persons concerned in Heritage Corridor Project and to submit Preliminary Report - By means of an order Union of India this Court issued certain directions to CBI to interrogate and verify assets of persons concerned with regard to outflow of which was alleged to have been released without proper sanction for said Project – Held, Court have also noted principles enunciated in supra as well as in supra - Repetition court are pointing out that court have disposed of earlier writ petition filed by petitioner therein respondent herein based on relief sought for contents of FIR earlier directions relating to Heritage Corridor Project and arrived at such conclusion - Made clear that court have not gone into any other aspect relating to claim of CBI intervener or stand the writ petitioner therein respondent herein except directions relating to Heritage Corridor Project which was the only before us in Writ Petition being In such circumstances and in light of enormous decisions court find that there is no material within parameters of review jurisdiction to go into earlier order light of above discussion court once again reiterate that our decision is based on earlier directions relating to Heritage Corridor Project particularly order contents of FIR being relief prayed in writ petition filed before this Court and court have not said or expressed anything beyond subject matter of dispute – Petition disposed

Judgement Key Points

Based on the provided legal document, here are the key points:

  • Case Details: This is a Review Petition (Crl.) No. 453 of 2012 filed by Kamlesh Verma seeking review of the judgment and order dated 06.07.2012 passed in Mayawati vs. Union of India & Ors. (!)
  • Background Facts: The Supreme Court previously directed the CBI to inquire into irregularities in the Taj Heritage Corridor Project and verify assets regarding an outflow of Rs. 17 crores (!) . Following this, the CBI lodged FIR RC No. 0062003A0019 of 2003 against Ms. Mayawati alleging disproportionate assets (!) .
  • Previous Order: In the earlier Writ Petition (Crl.) No. 135 of 2008, the Court quashed the said FIR, holding that the order dated 18.09.2003 did not contain specific directions to lodge an FIR for disproportionate assets and that the CBI exceeded its jurisdiction (!) .
  • Grounds for Review: The petitioner argued that despite the invalidity of the investigation, the Court has a duty under Article 32 to order the investigating agency to proceed further (!) .
  • Legal Principles on Review Jurisdiction:
    • Review jurisdiction is not an appeal; it is exercised only when there is an error apparent on the face of the record, a glaring omission, or a patent mistake (!) (!) (!) .
    • A review cannot be used to re-appreciate evidence or substitute a view; it is for correcting mistakes of inadvertence (!) (!) .
    • Mere repetition of old arguments or the possibility of two views on a subject is not a ground for review (!) (!) (!) .
    • Review is not maintainable if the same relief sought earlier was negatived (!) (!) .
  • Court's Analysis: The Court noted that the arguments raised in the review petition were the same ones already dealt with and considered in the original judgment (!) . The Court reiterated that its decision was limited to the directions relating to the Taj Heritage Corridor Project and the specific FIR contents (!) (!) .
  • Conclusion: The Court found no material error manifest on the face of the record that undermines the soundness of the earlier order. Consequently, the review petition was disposed of (!) .

Judgment :

P. Sathasivam, CJI.

1. This petition has been filed by the petitioner herein-Kamlesh Verma seeking review of the judgment and order dated 06.07.2012 passed in Mayawati vs. Union of India & Ors. (2012) 8 SCC 106 (Writ Petition (Crl.) No. 135 of 2008).

2. Brief Facts:

(a) This Court, by order dated 16.07.2003 in I.A. No. 387 of 2003 in Writ Petition (C) No. 13381 of 1984 titled M.C. Mehta vs. Union of India & Ors., (2003) 8 SCC 706, directed the CBI to conduct an inquiry on the basis of the I.A. filed in the aforesaid writ petition alleging various irregularities committed by the officers/persons concerned in the Taj Heritage Corridor Project and to submit a Preliminary Report. By means of an order dated 21.08.2003 in M.C. Mehta vs. Union of India (2003) 8 SCC 711, this Court issued certain directions to the CBI to interrogate and verify the assets of the persons concerned with regard to outflow of Rs. 17 crores which was alleged to have been released without proper sanction for the said Project.

(b) The CBI-Respondent No. 2 therein submitted a report on 11.09.2003 before this Court which formed the basis of order dated 18.09.2003 titled M.C. Mehta vs. Union of India and Others, (2003) 8 SCC 696 wherein the CBI was directed to conduct an inquiry with respect to the execution of the Taj Heritage Corridor Project under Taj Trapezium Zone (TTZ) Area at Agra which culminated into the registration of an FIR being No. 0062003A0018 of 2003 dated 05.10.2003 under Section 120-B read with Sections 420, 467, 468 and 471 of the Indian Penal Code, 1860 (in short 'the IPC') and under Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 (in short 'the PC Act') against several persons including Ms. Mayawati- Respondent No. 1 herein.

(c) On the very same date, i.e., on 05.10.2003, Shri K.N. Tewari, Superintendent of Police, CBI/ACP, Lucknow lodged another FIR being RC No. 0062003A0019 of 2003 under Section 13(2) read with Section 13(1)(e) of the PC Act only against Ms. Mayawati (petitioner therein) alleging that in pursuance of the orders dated 21.08.2003, 11.09.2003 and 18.09.2003 passed by this Court, the CBI conducted an inquiry with regard to the acquisition of disproportionate movable and immovable assets of Ms. Mayawati and her close relatives on the basis of which, the CBI has lodged the said FIR. Pursuant to the same, the CBI conducted raids, search and seizure operations at all the premises of the petitioner therein and her relatives and seized all the bank accounts.

(d) Aggrieved by the filing of the FIR being RC No. 0062003A0019 of 2003, Ms. Mayawati-the petitioner therein and Respondent No. 1 herein preferred Writ Petition (Crl.) No. 135 of 2008 before this Court. In the said petition, one Shri Kamlesh Verma (the petitioner herein) also moved an application for intervention being I.A. No. 8 of 2010.

(e) This Court, by order dated 06.07.2012, quashed the FIR being No. 0062003A0019 of 2003 dated 05.10.2003 holding that the order dated 18.09.2003 does not contain any specific direction regarding lodging of FIR in the matter of disproportionate assets case against Ms. Mayawati (the petitioner therein) and the CBI exceeded its jurisdiction in lodging the same and also allowed the application for intervention.

(f) Aggrieved by the order of quashing of the FIR being No.0062003A0019 of 2003 dated 05.10.2003, Shri Kamlesh Verma-the petitioner herein/the intervenor therein has filed the above review petition.

3) Heard Mr. Shanti Bhushan, learned senior counsel for the petitioner, Mr. Satish Chandra Mishra, learned senior counsel for Respondent No. 1 herein and Mr. Mohan Parasaran, learned Solicitor General for the CBI.

Discussion:

4) The only point for consideration in this petition is whether the review petitioner has made out a case for reviewing the judgment and order dated 06.07.2012 and satisfies the criteria for entertaining the same in review jurisdiction?

Review Jurisdiction:

5) Article 137 of







































































Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top