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SUPREME COURT OF INDIA
Dipak Misra, Shiva Kirti Singh, JJ.
Union of India - Petitioners
Versus
Sh. Harish Chandra Singh Rawat and Anr. - Respondents
Petitions for Special Leave to Appeal (C)......CC 7913 of 2016 With S.L.P.(C)...CC 7915 of 2016, S.L.P.(C)...CC 7916 of 2016
Decided On : 22-04-2016
Court Order - Exemption from filing certified copy - Permission to file special leave petition without certified copy - Notice issued - High Court judgment to be provided to parties - Judgment of High Court to remain in abeyance - Union of India not to revoke Presidential Proclamation
Fact of the Case:
The court granted exemption from filing certified copy and plain copy of the impugned order and allowed the filing of the special leave petition without certified copy. Notice was issued to the parties, and the High Court judgment was requested to be provided to the parties before a specified date. The judgment of the High Court was directed to remain in abeyance, and the Union of India was directed not to revoke the Presidential Proclamation until the next date of hearing.
Finding of the Court:
The court granted the applications for exemption and permission, issued notice to the parties, and directed the High Court to provide the judgment to the parties. The court also ordered the judgment of the High Court to remain in abeyance and directed the Union of India not to revoke the Presidential Proclamation until the next date of hearing.
Issues: Exemption from filing certified copy - Permission to file special leave petition without certified copy - Notice to parties - High Court judgment to be provided - Judgment of High Court to remain in abeyance - Union of India not to revoke Presidential Proclamation
Ratio Decidendi: The court exercised its discretion to grant exemption and permission, issued notice to the parties, and directed the High Court to provide the judgment to the parties. The court also ordered the judgment of the High Court to remain in abeyance and directed the Union of India not to revoke the Presidential Proclamation until the next date of hearing.
Final Decision: The court granted the applications for exemption and permission, issued notice to the parties, and made directions regarding the High Court judgment and the Presidential Proclamation.
ORDER :
S.L.P.(C) No. ..... CC 7913 of 2016
Applications for exemption from filing certified copy as well as plain copy of the impugned order and permission to file the special leave petition without certified copy as well as plain copy of impugned order are allowed.
Issue notice.
2. As Dr. Abhishek Manu Singhvi, learned senior counsel along with Mr. Amit Bhandari, learned counsel has entered appearance on behalf of the respondent No.1, no further notice need be issued. As far as the respondent No.2 is concerned, let service be effected through Dasti.
3. Let the matter be listed on 27th April, 2016.
4. The High Court is requested to provide the judgment dated 21st April, 2016, passed in Writ Petition (M/S) No. 795 of 2016, to the parties by 26th April, 2016. The judgment shall be filed before this Court on that day.
5. Having heard Mr. Mukul Rohatgi, learned Attorney General for the Union of India, Mr. Harish N. Salve, learned senior counsel for the Union of India in connected special leave petitions, Dr. Abhishek Manu Singhvi, learned senior counsel for the respondent No.1 and Mr. Kapil Sibal, learned senior counsel for the Speaker of the Legislative Assembly, Uttarakhand, it is directed that the judgment of the High Court shall remain in abeyance till 27th April, 2016. That apart, as undertaken by Mr. Mukul Rohatgi, learned Attorney General, the Union of India shall not revoke the Presidential Proclamation till the next date of hearing.
S.L.P.(C) Nos......CC 7915 of 2016 & CC 7916 of 2016
6. Let these special leave petitions be listed on 27th April, 2016.
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