Back
SUPREME COURT OF INDIA
Dr. Dhananjaya Y. Chandrachud, CJI., Pamidighantam Sri Narasimha, JJ.
National Commission For Protection of Child Rights (NCPCR) – Appellant
Versus
Javed & Ors. – Respondents
SLP (Criminal) Diary No. 35376 of 2022 (Arising out of impugned final judgment and order dated 30-09-2022 in CRWP No. 7426 of 2022 passed by the High Court of Punjab & Haryana at Chandigarh)
Decided On : 13-01-2023
Special Leave Petition - National Commission for Protection of Child Rights - The court entertained the Special Leave Petition to resolve a question of law raised by the National Commission for Protection of Child Rights (NCPCR). The court also requested the assistance of Amicus Curiae in the present case.
Fact of the Case:
The National Commission for Protection of Child Rights (NCPCR) filed a Special Leave Petition to resolve a question of law.
Finding of the Court:
The court entertained the Special Leave Petition and requested the assistance of Amicus Curiae. The impugned judgment of the High Court dated 30 September 2022 was directed not to be relied on as a precedent in any other case. The Special Leave Petitions were listed for further hearing on 6 February 2023.
Issues: Entertainment of Special Leave Petition, Appointment of Amicus Curiae, Reliance on Impugned Judgment as Precedent
Ratio Decidendi: The court has the discretion to entertain a Special Leave Petition to resolve a question of law. The appointment of Amicus Curiae can be requested to assist the court. The court has the authority to direct that an impugned judgment shall not be relied on as a precedent in any other case.
Final Decision: The Special Leave Petition was entertained, and the impugned judgment of the High Court was directed not to be relied on as a precedent. The Special Leave Petitions were listed for further hearing on 6 February 2023.
ORDER
1. We are inclined to entertain the Special Leave Petition which has been instituted by the National Commission for Protection of Child Rights (NCPCR) with a view to resolving the question of law which is raised.
2. Issue notice.
3. Mr Rajshekhar Rao, senior counsel, who has been appointed as Amicus Curiae in SLP (Crl) No 10036 of 2022 raising a similar issue, is requested to assist the Court in the present case as well.
4. Tag with SLP (Crl) No 10036 of 2022.
5. SLP (Crl) No 10036 of 2022 is de-tagged from Item No 31 [TP (C) Nos 1249- 1250 of 2020].
6. Pending further orders, the impugned judgment of the High Court dated 30 September 2022, shall not be relied on as a precedent in any other case.
7. List the Special Leave Petitions on 6 February 2023.
Diary No 1156/2023, Diary No 1205/2023 and Diary No 1208/2023
1. On mentioning, these matters are taken on Board.
2. Tag with SLP (Crl) Diary No 35376/2022.
The court has the discretion to entertain a Special Leave Petition to resolve a question of law and can request the assistance of Amicus Curiae.
The court exercised its administrative power to decouple cases and regulate the timeline for the filing of additional documents and pleadings to ensure orderly judicial process.
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
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
