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No ex-judge’s opinion with petitions: SC

NEW DELHI: Army chief General V K Singhmay be forced to dump opinions of former Chief Justices of India he has annexed with his petition in the Supreme Court to strengthen his claim that he was born on May 10, 1951, and not in 1950, which has been fixed by the Centre as his date of birth.

A bench of Chief Justice S H Kapadia and Justices A K Patnaik and Swatanter Kumar on Friday flew into a rage and rebuked petitioner Grenadiers Association for citing opinions of four ex-CJIs –Justices J S VermaV N KhareG B Patnaik and R C Lahoti – in the PIL they have filed in Gen Singh’s support.

The bench was so upset over the attempts by the association to cite opinion of retired judges – a growing trend among petitioners who try to staple opinions of retired judges favouring their claims – that it passed a judicial order barring such things in future.

“The Supreme Court Registry is directed not to accept petitions where opinions of retired judges are annexed,” the bench ordered after dismissing the PIL. If the PIL petitioner had sinned by citing the opinion of the ex-CJIs, Gen Singh too has committed the same folly.

Though this order will operate prospectively and will not affect listing of Gen Singh’s petition for hearing, which was filed before SC spelt out its tough stance against the tendency to flaunt opinions of retired judges, the SC could ask the Army chief to remove the opinions of the four ex-CJIs when it begins hearing in the unprecedented case.

The bench said, “We are not concerned with the opinions of the former CJIs. Why should anyone annex opinion of ex-CJIs in a judicial proceeding despite there being clear mention in the opinions themselves against such practice? It is most improper to cite opinion of retired judges in a judicial proceeding. The opinion of the ex-CJIs should not have been annexed at all.”

TOI had on January 19 reported how out of the four ex-CJIs, two had questioned the decision of the ministry in rejecting Singh’s DoB claim based on the attorney general’s opinions. Both had termed the UPSC form showing 1950 as DoB as weak evidence.

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Posted by on Jan 21 2012. Filed under Uncategorized. You can follow any responses to this entry through the RSS 2.0. Both comments and pings are currently closed.

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