Supreme Court Disapproves Practice Of Delayed Filing Of Review Petition After Judges Retire

The Supreme Court has disapproved the practise of delayed filing of review petitions after waiting for judges to retire.

"Such practice must be firmly disapproved to preserve the institutional sanctity of the decision making of this Court", the bench comprising Justices DY Chandrachud and MR Shah remarked while dismissing the review petitions filed against the judgment in Goa Foundation vs Sesa Sterlite Limited.

The bench comprising Justices Madan B Lokur and Deepak Gupta had delivered the judgment on on 7 February 2018. The State of Goa preferred its four review petitions in the month of November 2019 and Vedanta Limited preferred its four review petitions in the month of August 2020.

While considering these review petition, the court noted that, in accordance with Rule 2 of Order XLVII of the Supreme Court Rules, 2013, an application for review of a judgement has to be filed within thirty days of the date of the judgement or order that is sought to be reviewed.

No cogent grounds have been furnished for the delay between 20 and 26 months by the two parties in filing their applications for review, the Court said.The bench then took note of the retirement dates of the judges who passed this judgment challenged in review.

"The judges comprising the two-judge bench in Goa Foundation II, Justices Madan B Lokur and Deepak Gupta, retired from this Court on 30 December 2018 and 6 May 2020, respectively. The State of Goa preferred its four review petitions in the month of November 2019, after Justice Madan B Lokur's retirement, while Vedanta Limited preferred its four review petitions in the month of August 2020, right after Justice Deepak Gupta's retirement. Such practise must be firmly disapproved to preserve the institutional sanctity of the decision making of this Court. The review petitioners were aware of the decision of this Court.", the court said.

The bench therefore proceeded to dismiss these review petitions on the ground of limitation alone. "We also find that no legitimate grounds for review of the judgment in Goa Foundation II have been made out, and dismiss these review petitions on merits as well", the court said.

Case: Vedanta Ltd. vs. The Goa Foundation[Review Petition (Civil) Diary No. 18447 of 2020 ]

Coram: Justices DY Chandrachud and MR Shah

Citation: LL 2021 SC 307 

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