Abdul Rehman Antulay Vs. Union of
India & Ors  INSC 83 (17 April 1984)
SEN, AMARENDRA NATH (J) SEN, AMARENDRA NATH
(J) DESAI, D.A.
CITATION: 1984 AIR 1358 1984 SCR (3) 482 1984
CITATOR INFO :
RF 1988 SC1531 (143) RF 1992 SC1701 (9)
Constitution of India Art. 141-Duty of all
courts to follow decision of the Supreme Court.
Supreme Court Rules-Whether Supreme Court can
entertain writ petition against its own order and judgment.
ORIGINAL & CRIMINAL APPELLATE JURISDICTION:
Writ Petition (Crl) No. 708 of 1984.
(Under Article 32 of the Constitution of
India) And Special Leave Petition (Crl) Nos. 1949-50 of 1984 (From the Judgment
and Order dated 13.3.84 and 16.3.84 of the Bombay High Court in Special Case
Nos. 24/82 & 3/83) Murli Bhandare, Govinddas, Ms. Bina Gupta, H.R.
Bhardwaj and PP. Singh for the petitioner.
Ram Jethmalani, Ashok Desai and Ms. Rani
Jethmalani for the respondents.
The Order of the Court was delivered by
AMARENDRA NATH SEN, J. There is no merit in this Writ Petition. The writ
petition is accordingly dismissed.
In my view, the writ petition challenging the
validity of the order and judgment passed by this Court as nullity or otherwise
incorrect cannot be entertained. I wish to make it clear that the dismissal of
this writ petition will not prejudice the right of the petitioner, to approach
the Court with an appropriate review petition or to file any other application
which he may be entitled in law to file.
483 DESAI, J. I broadly agree with the conclusion
recorded by my brother.
The learned Judge in deciding the S.L.P.
(Crl) Nos. 1149-50/1984 has followed the decision of this Court. The learned
Judge was perfectly justified and indeed it was the duty of the learned Judge
to follow the decision of this Court which is binding on him.
Special leave petitions are dismissed.
H.S.K. Petitions dismissed.