Case: Akhilesh Yadav Vs. Vishwanath Chaturvedi

for the Writ Petitioner, Vishwanath Chaturvedi, Mr. K.T.S. Tulsi, learned Senior Advocate, submitted that every order in which a mistake may be noticed does not automatically call for a review and that the power of review could be invoked only in circumstances as contained in Order 47 Rule 1 of the Code of Civil Procedure (CPC). Referring to the decision dated 16th June, 2008 of this Court in State of West Bengal Vs. Kamal Sengupta and Anr. in Civil Appeal No.1694 of 2006, Mr. Tulsi submitted that the term “mistake or error apparent” which finds place in Order 47 Rule 1 CPC, by its very connotation signifies an error which is evident per se from the record of the case and does not require any detailed examination, scrutiny and elucidation either of the facts or legal position. In fact, in Parsion Devi Vs. Sumitri Devi [(1997) 8 SCC 715] it was observed that if an error is not self-evident and detection thereof requires long debate and process of reasoning, it cannot be treated as an error apparent on the face of the record for the purpose of Order 47 Rule 1 CPC. In other words, an order or decision or judgment cannot be corrected merely because it is erroneous in law or on the ground that a different view could have been taken on a point of fact or law, as the Court could not sit in appeal over its own judgment. Similar views were expressed by a Five-Judge Bench of the Federal Court in Sir Hari Shankar Pal and Anr. Vs. Anath Nath Mitter & Ors. [(1949) FCR 36], wherein it was, inter alia, observed that a decision being erroneous in law is certainly no ground for ordering review. 22. Various other decisions were also referred to which will only serve to duplicate the decisions of this Court on the said issue.23. As has been indicated in paragraph 5 of this judgment, five broad propositions were canvassed on behalf of the review petitioner, Shri Akhilesh Yadav, which were mainly confined to the jurisdiction of the High Court and the Supreme Court to direct a CBI inquiry in respect of an offence alleged to have been committed within a State, without the consent of the State concerned. Along with the above, the locus standi of the writ petitioner to maintain the writ petition was also raised on behalf of Shri Yadav. While the submissions on behalf of all the review petitioners were centered around the said two propositions, a specific issue was raised by Mr. Mukul Rohatgi as to whether the investigation and/or inquiry could also be extended to the assets of Smt. Dimple Yadav, wife of Shri Akhilesh Yadav, since she had neither held any post under the Government nor was she involved in the activities of her husband or father-in-law, Shri Mulayam Singh Yadav. The acquisition of wealth by her was attributed to her agricultural income and not to any source of income through her husband and her father-in-law. 24. Same were the submissions made by Dr. Rajiv Dhawan, appearing for Shri Prateek Yadav, and, in addition, it was submitted that the said Respondent did not get a reasonable opportunity of stating his case before the judgment was delivered in Writ Petition (C) No.633 of 2005 on 1st March, 2007. 25. As far as the first contention is concerned, the same has been set at rest by the Constitution Bench in State of West Bengal & Ors. Vs. The Committee for Protection of Democratic Rights, West Bengal & Ors., being Civil Appeal Nos.6249-6250 of 2001. In the very first paragraph of its judgment the Constitution Bench set out the issue, which had been referred to it for its opinion in the following terms : “The issue which has been referred for the opinion of the Constitution Bench is whether the High Court, in exercise of its jurisdiction under Article 226 of the Constitution of India, can direct the Central Bureau of Investigation (for short “the CBI”), established under the Delhi Special Police Establishment Act, 1946 (for short “the Special Police Act”), to investigate a cognizable offence, which is alleged to have taken place within the territorial jurisdiction of a State, without the consent of the State Government.” 26. After considering the various decisions on this point, as also Article 246 of the Constitution, the Constitution Bench ultimately answered the reference in the manner following : “In the final analysis, our answer to the question referred is that a direction by the High Court, in exercise of its jurisdiction under Article 226 of the Constitution, to the CBI to investigate a cognizable offence alleged to have been committed within the territory of a State without the consent of that State will neither impinge upon the federal structure of the Constitution nor violate the doctrine of separation of power and shall be valid in law. Being the protectors of civil liberties of the citizens, this Court and the High Courts have not only the power and jurisdiction but also an obligation to protect the fundamental rights, guaranteed by Part III in general and under Article 21 of the Constitution in particular, zealously and vigilantly.” 27. A note of caution was also given by the Constitution Bench, which, in fact, finds place in all the decisions relating to this issue, namely, that the power which is vested in the superior courts should be exercised sparingly, cautiously and in exceptional situations where it becomes necessary to provide credibility and instill confidence in investigations or where the incident may have national and international ramifications or where such an order may be necessary for doing complete justice and enforcing fundamental rights. The said note of caution is an echo of the observations made by this Court in Supreme Court Bar Association Vs. Union of India & Anr. [(1998) 4 SCC 409] , that such an inquiry by the CBI could be justified in certain circumstances to prevent any obstruction to the stream of justice.

Decision (1 = appeal accepted, 0 = rejected): 0

Explanation:
0[ds]7. Mr. Rakesh Dwivedi, learned Senior Advocate, appearing for the Review Petitioners, Shri Akhilesh Yadav and Smt. Dimple Yadav did not press the first proposition, since, as indicated hereinbefore, the said question had been settled by the Constitution Bench.In addition to the above petitions, we had also considered I.A. Nos.16 and 17 of 2009 which had been filed by one Shri Ashutosh Srivastava, who appearedin support of his application for being impleaded. Having heard learned counsel for the Respondents and the Applicant inperson, we had reserved orders on the same.20. In the facts and circumstances of the case, we are not inclined to implead Shri Srivastava in these proceedings and his application for being impleaded stands rejected.Various other decisions were also referred to which will only serve to duplicate the decisions of this Court on the said. As far as the first contention is concerned, the same has been set at rest by the Constitution Bench in State of West Bengal & Ors. Vs. The Committee for Protection of Democratic Rights, West Bengal & Ors., being Civil Appealof 2001. In the very first paragraph of its judgment the Constitution Bench set out the issue, which had been referred to it for its opinion in the following termsissue which has been referred for the opinion of the Constitution Bench is whether the High Court, in exercise of its jurisdiction under Article 226 of the Constitution of India, can direct the Central Bureau of Investigation (for short, established under the Delhi Special Police Establishment Act, 1946 (for shortto investigate a cognizable offence, which is alleged to have taken place within the territorial jurisdiction of a State, without the consent of the State Government.After considering the various decisions on this point, as also Article 246 of the Constitution, the Constitution Bench ultimately answered the reference in the manner followingthe final analysis, our answer to the question referred is that a direction by the High Court, in exercise of its jurisdiction under Article 226 of the Constitution, to the CBI to investigate a cognizable offence alleged to have been committed within the territory of a State without the consent of that State will neither impinge upon the federal structure of the Constitution nor violate the doctrine of separation of power and shall be valid in law. Being the protectors of civil liberties of the citizens, this Court and the High Courts have not only the power and jurisdiction but also an obligation to protect the fundamental rights, guaranteed by Part III in general and under Article 21 of the Constitution in particular, zealously and vigilantly.A note of caution was also given by the Constitution Bench, which, in fact, finds place in all the decisions relating to this issue, namely, that the power which is vested in the superior courts should be exercised sparingly, cautiously and in exceptional situations where it becomes necessary to provide credibility and instill confidence in investigations or where the incident may have national and international ramifications or where such an order may be necessary for doing complete justice and enforcing fundamental rights. The said note of caution is an echo of the observations made by this Court in Supreme Court Bar Association Vs. Union of India & Anr. [(1998) 4 SCC 409] , that such an inquiry by the CBI could be justified in certain circumstances to prevent any obstruction to the stream of justice.