The Supreme Court has upheld a full bench order of the Allahabad High Court turning down a reference to it seeking to examine correctness of a division bench judgment which was approved by the apex court.
A division bench of Allahabad High Court, doubting the correctness of another division bench judgment in Dr. Vishwajeet Singh and others. Vs. State of U.P., had referred the matter to a full bench. The full bench noticed that the said judgment was assailed in appeal before the apex court, and while dismissing the appeal it has clearly observed that it is in agreement with the view taken in Dr. Vishwajeet Singh.
The full bench turning down the reference had then observed: “There is thus a positive and unambiguous expression of approval of the said decision and, therefore, it cannot be said that the order of the High Court did not merge into the order of the Supreme Court. Insofar as the case before us is concerned, it is clear from the order that the Supreme Court not only dismissed the Civil Appeals after granting leave but while doing so, clearly observed that it was in agreement with the view taken in the impugned judgment and, accordingly affirmed the judgment of this Court.”
The bench had further said: “The said decision consequently merged in the order of the Supreme Court. The order of the Supreme Court came to be rendered after grant of leave. Once the decision of this Court stood merged in the order of the Supreme Court, it would not be legally permissible for this Full Bench to consider the correctness or otherwise of Dr. Vishwajeet Singh.”
Dismissing the SLPs filed against this full bench order, the apex court bench comprising Justice Uday Umesh Lalit and Justice R. Subhash Reddy, upheld the full bench order, and said: “The questions as are sought to be raised now had already been considered in Dr. Vishwajeet Singh’s case (supra) which view was approved in terms by this Court. In the circumstances, the larger bench of five Judges of the High Court was right and justified in turning down the reference.”