VidhiSangh

Supreme Court of India · 12/04/2021

JUSTICE V. ESWARAIAH (RETD.) versus UNION OF INDIA & ORS.

[2021] 3 S.C.R. 364 · 2021 INSC 248

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Summary

The Supreme Court discontinued an inquiry into the authenticity of a recorded conversation after the retired judge concerned admitted the conversation and supplied an accepted English transcript. The pending public-interest litigation concerned COVID-19 measures; the High Court’s immediate inquiry should have remained confined to its maintainability. Any reliance on the transcript affecting the non-party retired judge required an opportunity to him. Neither the PIL’s merits nor its maintainability was decided.

Issues

  1. Whether the directed authenticity inquiry should continue after the conversation and corrected transcript were admitted.
  2. What procedural protection was required before the High Court relied on the transcript.

Held

Result

SLP disposed of; the directed authenticity inquiry discontinued. High Court left to decide the PIL, including maintainability, with an opportunity to the petitioner before any reliance on his transcript. Intervention applications not entertained.

Judgment PDF: Supreme Court of India, [2021] 3 S.C.R. 364.