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[False Declaration] SC Issues Notice To Sub-Divisional Magistrate, Gorakhpur For "Misleading The Court"

Akshita Saxena
25 Sep 2020 2:27 PM GMT
[False Declaration] SC Issues Notice To Sub-Divisional Magistrate, Gorakhpur For Misleading The Court
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A 3 Judge Bench comprising of Justices Sanjay Kishan Kaul, Aniruddha Bose and Krishna Murari has issued notice to one Manisha Waskale, inquiring "why appropriate proceedings be not initiated against her for misleading this Court and as a consequence obtaining interim orders from the Bench at the threshold on 2nd September 2019."

Significantly, the Counsels appearing for the Respondents pointed out that at page N, a reference has been made to the order dated 10th December, 2018 of the earlier Special Leave Petition (C) Diary No.42226 of 2018 which is stated to have been withdrawn by the petitioners herein on 10th December, 2018 with liberty to move the review petition before the High Court.

A copy of the order of the Court was annexed as Annexure P-9 at page 174. When the Court perused page 174, it was found that no such liberty was granted.

Apart from that, the Court also observed that at page 7, the declaration made in terms of Rule 3 (2) referred to the final judgment and order dated 4th January, 2018 passed by the High Court and the subsequent order in review and it is stated that no Special Leave Petition was filed against the earlier order.

Therefore, the Court Prima facie found that both these declarations were false and were made by one Ms. Manisha Waskale, Sub-Divisional Magistrate, Gorakhpur, Madhya Pradesh.

In this context, the Court observed,

"Such averments amount to a false declaration before this Court. We thus, decline any further adjournment and direct notice to be issued to Ms. Manisha Waskale why appropriate proceedings be not initiated against her for misleading this Court and as a consequence obtaining interim orders from the Bench at the threshold." (emphasis supplied)

The Court found aforesaid sufficient ground to vacate the interim order dated 2nd September, 2019.

The Court further declared that the order passed in SLP(Civil)Nos.21596-21597 of 2019 referred to aforesaid would equally apply in this case as the facts are identical.

Interim orders accordingly stood vacated.

The matter has been listed for further hearing on 05th October, 2020.

Click Here To Download Order

[Read Order]



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