Dear Friends,
The first review petition filed by Sanjay Kumar Bharti is going to list on 13th August, 2014. Now the point is what listing means. It means diary no. is converted into review petition and secondly it is registered. By the way, the listing is not confined to converting and registering. Now let's know in detail.
The Rules state that the judges who decided the case in the first place ought to be the ones to decide the review. The Supreme Court rules of procedure state that ordinarily a review petition will be disposed of by circulation – which means by the judges by themselves, without any lawyers present. However, the Court may direct, an open hearing in court. This means that there are two options on 13th:
The Rules state that the judges who decided the case in the first place ought to be the ones to decide the review. The Supreme Court rules of procedure state that ordinarily a review petition will be disposed of by circulation – which means by the judges by themselves, without any lawyers present. However, the Court may direct, an open hearing in court. This means that there are two options on 13th:
1] It will be circulated to the judges OR
2] It is heard in open court.
If it’s option (a), the judges may either
(i) dismiss the review petitions or (ii) direct that the matter be listed
before open court or (iii) issue notice.
Once or If it’s listed in open court,
the judges may either (i) dismiss the review petitions or (ii) issue
notice
If they issue notice, they will either give a date for the next
date of listing or (in the ordinary course) the cases go before an
officer called the Registrar, who will make sure that all the paper work
is in order – (but the court can direct that the matter be listed in
court again). The opposite parties will be given time to file counter
affidavits. After which the cases ought to be listed for arguments. The big question on everyone’s mind is probably the question of stay. To
my knowledge, all of the review petitions, barring the Union
Government’s) have asked for an interim stay of the judgment. Meaning
that we’re asking that while the case is being processed and heard, we
want the judgment passed by our previous judges to be put on hold.
I’m not sure when the opportunity will arise for arguments on this
application for interim stay of the judgment, but my guess is that this a
stay will be pressed for at the first opportunity in open court (if we
ever get to that stage). The judges may either issue an interim stay of
the judgment, or may issue notices on the application for interim stay.
If they do the latter, then a date will be fixed for hearing the
application separately where the opposing parties will be given an
opportunity to oppose our arguments. The judges can then decide whether
they want to grant a stay or not. 7) Another question is probably time lines. There’s no time bound procedure for the review process. But
to give you an indication – in a recent judgment which was reviewed –
the RTI judgment – there was a time gap of one year between the date of
the date of the first judgment and the 2nd judgment which reviewed the
first.
The screen shot of listing is pasted below:
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