The Supreme Court has the jurisdiction to transfer pending writ petitions from different High Courts to ensure uniformity in decision-making and avoid conflicting judgments on the same question.

ORDER

1. Since several writ petitions are pending before diverse High Courts involving the same question, we are of the considered view that they should be transferred to and decided by this Court.

2. We have heard counsel appearing on behalf of the petitioners and the Solicitor General appearing on behalf of the Union of India and there is a broad consensus that this could be one of modalities to be adopted.

3. We accordingly order and direct that the following writ petitions pending before different High Courts shall stand transferred to this Court:

4. We grant liberty to any of the petitioners who desire to address this Court on the virtual platform to do so. The Court Master would supply the link to any petitioner desirous to address submissions on a virtual platform.

5. The entire batch of petitions (including transferred cases) shall be listed for directions on 13 March 2023.

6. A common set of written submissions shall be filed on behalf of the petitioners and written submissions shall be filed on behalf of the Union of India.

7. Ms Arundhati Katju, counsel appearing on behalf of the petitioners and Mr Kanu Agrawal, counsel appearing on behalf of the Union of India shall be the nodal counsel. Both the counsel shall together prepare a common compilation of:

(i). Written submissions;

(ii). Documents;

(iii). Legislation; and

(iv). Precedents on which reliance would be placed during the course of the hearing.

There shall be a common index for the compilations.

8. This exercise shall be completed before the batch of cases is listed before this Court for directions.

9. Soft copy of the compilations shall be exchanged between the parties and shall be made available to the Court.

10. List the petition along with connected petitions and transferred cases on 13 March 2023 for directions.

Writ Petition (C) Nos 1141 of 2022, 1142 of 2022, 1150 of 2022

11. Issue notice.

12. Copies of the petitions shall be served on the Central Agency and the advocate assisting the Solicitor General.

13. Counter affidavit shall be filed by 15 February 2023.

14. Tag with Writ Petition (C) No 1011 of 2022.

TP(C) Nos 2876 of 2022, 2960 of 2022, 3007 of 2022, 3025 of 2022, 14 of 2023, 2842 of 2022 and 2844 of 2022

15. In view of the order passed in Writ Petition (Civil) No 1011 of 2022, transferring the petitions pending before the High Court of Kerala and High Court of Delhi, the Transfer Petitions are disposed of.

16. Pending application, if any, stands disposed of.