Supreme CourtDivision Bench(1997) 11 SC CK 0059

S.K. Warikoo vs State of Jammu & Kashmir and Others

Supreme Court Of India · Decided on 5 November 1997 · Citation: (1998) 9 JT 3 : (1998) 9 SCC 677

HON’BLE JUDGES
K. T. Thomas, J · A. S. Anand, J
RESULT
Dismissed
CASE NUMBER
Review Petition No. 2210 of 1997 in SLP (C) No. 12620 of 1997

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Judgment

4 paragraphs · 313 words
1.

Delay condoned.

2.

Personal hearing declined.

3.

With this review petition, three annexures have been filed. According to Annexure 1, one of the Members of this Bench (Anand, J.) had admitted the Letters Patent Appeal (No. 30 of 1986) to hearing while presiding over a Division Bench, as Chief Justice of the Jammu and Kashmir High Court, on 7-9-1987. Annexure 3 is the copy of Government Notification No. 51 of 1997 of 30-1-1997 reconstituting the Board of Directors of SIDCO after superseding the earlier Board constituted on 18-3-1996. This information was withheld from the Bench at the time when the SLP was argued. Annexures 1 and 3 were not brought to the notice of the Bench. In the SLP also there is no indication of the facts as contained in these two annexures. We record our strong disapproval of withholding these facts from the Bench when the SLP was argued. It was improper on the part of the advocate not to have informed the Bench. The petitioner-in-person has now rightly averred in para 19 of the review petition that had those "facts been brought to the notice of this Hon''ble Court, their Lordships would have declined to hear the matter".

4.

Be that as it may, now that the petitioner-in-person has brought to the notice of the Bench through this review petition that one of us (Anand, J.) had dealt with the matter in the High Court, even though at a preliminary stage of admission of the LPA, we consider it appropriate to issue notice to the learned counsel who had appeared for the respondents on 28-7-1997 in the SLP, in this review petition returnable next week. The record of the SLP shall be put up along with the review petition and the same be listed along with this review petition before a Bench of which Anand, J. is not a Member.