Team  SoOLEGAL

SC grapples with internal conflict as one three judge bench over rules the other three judge bench

Team SoOLEGAL 23 Feb 2018 3:57pm

SC grapples with internal conflict as one three judge bench over rules the other three judge bench

New Delhi: In an issue which is getting complicated,two two-judge benches referred the matter of contradictory judgments on land acquisition being passed between two three-judge benches of the Supreme Court,  to Chief Justice of India Dipak Misra for resolution by a larger bench.

On February 21,a three-judge bench headed by Justice Madan B Lokur looked unkindly to a three-judge bench headed by Justice Arun Mishra on February 8 overruling a 2014 verdict given by another three-judge bench in the ‘Pune Municipal Corporation’ case, terming the earlier judgment as “per incurium”. Both the cases concerned land acquisition.

Upon being told by senior advocate Mukul Rohatgi about the February 8 verdict, the bench led by Justice Lokur and comprising Justices Kurian Joseph and Deepak Gupta viewed it as breach of “judicial discipline and propriety ."

Justices Lokur and Joseph, two of the four seniormost judges of the SC, were co-authors of the ‘Pune Municipal Corporation’ verdict.

In an interim order, the Justice Lokur-headed bench requested other SC benches and high courts not to take up matters related to land acquisition dealt in the two contradictory judgments. It said it would decide the future course of action — whether to refer the matter to a larger bench.

Tagged: SC   Judicial Discipline  
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