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HindustanTimes Sun,21 Sep 2014

Ishrat case: SC takes exception to ASG opposing cops plea

PTI  New Delhi, July 09, 2013
First Published: 22:10 IST(9/7/2013) | Last Updated: 23:37 IST(9/7/2013)

The Supreme Court on Tuesday took strong exception to an attempt by a senior law officer to oppose the plea of Gujarat's Additional DGP P P Pandey in connection with the Ishrat Jahan fake encounter case without the Centre fulfilling the procedural requirement.

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"You (Additional Solicitor General) have no business to address the court," a bench comprising Justices Gyan Sudha Misra and Kurian Joseph said.

The bench made the remarks after Additional Solicitor General Indira Jaising replied in the negative to its question whether the Centre has filed a caveat (to pre-empt an ex-parte order) in the matter or not.

The apex court had asked the question "have you entered into a caveat".

Before the issue of caveat had arisen, the ASG had sought dismissal of Pandey's petition.

She had objected to the decision of the court deferring the hearing of the matter for non-appearance of Pandey's counsel for tomorrow.

This statement of Jaising irked the bench which said the Centre has no locus standi in the matter.

However, the ASG stood her ground and said Union of India is a party and she has a right to oppose Pandey's plea.

While the ASG was making submission in high pitch, Justice Misra said, "You are not supposed to be omnipresent. You cannot show temper like this".

Jaising said Union of India is a party in the matter and and she has been instructed to be present in the court.

Expressing displeasure over the entire episode, the bench warned, "We will issue contempt against you for this behaviour".


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