Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2015 Supreme(SC) 1323

SUPREME COURT OF INDIA
Dipak Misra, Shiva Kirti Singh, JJ.
Kalpana Mehta & Ors. - Petitioners
Versus
U.O.I. & Ors. – Respondents
Writ Petitions(C) Nos. 558 of 2012 With W.P.(C) No. 921 of 2013
Decided On : 18-11-2015.

Advocates Appeared:
For the Petitioner:- Mr. Colin Gonsalves, Sr. Adv. Ms. J.D. Gill Advocate., Ms. Jyoti Mendiratta, AOR Mr. Mr. Purushottam Sharma Tripathi, AOR.
For the Respondent:- Mr. Tushar Mehta, ASG Mr. R.S. Suri, Sr. Advocate., Mr. B.V. Niren Advocate., Mr. Ajay Sharma Advocate., Mr. A. Deb Kumar Advocate., Mr. D.S. Mahra Advocate., Mr. Guntur Prabhakar, AOR., Mr. S. Udaya Kumar Sagar, AOR., Mr. Krishna Kumar Singh Advocate., Mr. Shyam Divan, Sr. Advocate., Mr. Jayakrishnan Kumar Advocate., Mr. Riku Sarma Advocate., Mr. Barnali Das Advocate., For M/s Corporate Law Group, AOR., Gulshan Kumar Arora, Advocate., Mr. C.A. Sundaram Advocate., Mr. Krishna Sarma Advocate., Ms. Manisha Singh Advocate., Mr. Navnit Kumar Advocate., For M/s Corporate Law Group, AOR., Ms. Hemantika Wahi, AOR., Ms. Jesal Wahi Advocate., Ms. Puja Singh Advocate., Mr. Harish N. Salve, Sr. Advocate., Mr. Gourab Banerji, Sr. Advocate., Mr. R.N. Karanjawala Advocate., Ms. Nandini Gore Advocate., Ms. Aditi Bhatt Advocate., Ms. Tahira Karanjawala Advocate., Mr. Abhishek Ray Advocate., Ms. Trishala Kulkarni Advocate., Ms. Manik Karanjawala Advocate., For M/s. Karanjawala & Co., Advocate., Mr. Tushar Mehta Advocate., Mr. Saket Sikri Advocate., Ms. N. Annapoorani, AOR., M/s. Parekh & Co., AOR., Ms. Sushma Suri, AOR., Ms. C.K. Sucharita, Advocate.

The central legal point established in the judgment is the need to address the exercise of power of judicial review when a report of the Parliamentary Standing Committee is filed before the Court.

Headnote:
Judicial Review - Exercise of Power of Judicial Review when Report of Parliamentary Standing Committee is Filed
Fact of the Case:

The court noted a substantial issue in law arising from the hearing, pertaining to the exercise of power of judicial review when a report of the Parliamentary Standing Committee is filed before the Court.
Finding of the Court:

The court scheduled the matter for further hearing and directed the parties to produce relevant files and address the issue of the power of judicial review. The parties were also given the opportunity to file written notes or submissions.
Issues: Substantial issue in law regarding the exercise of power of judicial review when a report of the Parliamentary Standing Committee is filed before the Court.
Ratio Decidendi: The court found it necessary to address the issue of the power of judicial review in light of the specific circumstances involving the report of the Parliamentary Standing Committee.
Final Decision: The final decision was to schedule the matter for further hearing and to allow the parties to present their arguments and written submissions on the issue of the power of judicial review.

ORDER

Let the matter be listed on 20.01.2016 on which date Mr. Tushar Mehta, learned Additional Solicitor General shall produce the file dealing with the vaccine in question.

2. Be it noted, a substantial issue in law has arisen in course of hearing of this case which pertains to exercise of power of judicial review when a report of the Parliamentary Standing Committee is filed before the Court.

3. Mr. Harish Salve and Mr. C.A. Sundaram, learned senior counsel and Mr. Tushar Mehta, learned Additional Solicitor General appearing for the respondents pray for some time to argue the matter.

4. Mr. Colin Gonsalves, learned senior counsel, shall also address the issue with regard to the power of judicial review of this Court regard being had to the question posed.

5. Learned counsel for the parties are at liberty to file written notes or submissions on or before 11.01.2016.

Click Here to Read the rest of this document

2015 Supreme(SC) 1323

SUPREME COURT OF INDIADipak Misra, Shiva Kirti Singh, JJ.Kalpana Mehta & Ors. - PetitionersVersusU.O.I. & Ors. – RespondentsWrit Petitions(C) Nos. 558 of 2012 With W.P.(C) No. 921 of 2013Decided On : 18-11-2015.

The central legal point established in the judgment is the need to address the exercise of power of judicial review when a report of the Parliamentary Standing Committee is filed before the Court.

SUPREME COURT OF INDIA
Dipak Misra, Shiva Kirti Singh, JJ.
Kalpana Mehta & Ors. - Petitioners
Versus
U.O.I. & Ors. – Respondents
Writ Petitions(C) Nos. 558 of 2012 With W.P.(C) No. 921 of 2013
Decided On : 18-11-2015.