Shivani Pandey-
The Supreme Court of India denied the practice of delayed filing of review petitions after waiting for Judges to retire.
The bench of Justice DY Chandrachud and Justice MR Shah dismissed the review petitions filed against the judgment in Goa Foundation vs Sesa Sterlite Limited.
“Such practice must be firmly disapproved to preserve the institutional sanctity of the decision making of this Court”, the bench mentioned.
While hearing the review petitions, the Court stated that, as per Rule 2 of Order XLVII of the Supreme Court, 2013, an application for review of a judgement has to be filed within 30 days from the date of judgement or order that has to be reviewed.
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“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 2018and 6 May 2020, respectively”, the Court stated.
“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”, the Court added.
Furthermore, the bench stated that “Such practice 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.”