Case Note & Summary
The case involved an application by the applicant/petitioner, Neelam Manmohan Attavar, seeking to recall an order passed by the Supreme Court on 03.09.2020 in Transferred Case (Criminal) No. 1 of 2020. The applicant had previously filed a similar application which was dismissed, and the court noted that the current application was essentially a repetition of the earlier one. During the hearing, the applicant requested that one of the judges, Dr. Dhananjaya Y Chandrachud, recuse himself from the case, arguing that the previous order was not in her favor. The court found no valid reason for recusal, stating that a litigant cannot dictate the composition of the bench based on prior unfavorable outcomes. The court emphasized that the earlier order had been pronounced after hearing the applicant and reiterated that the present application was not maintainable. Consequently, the court dismissed the application and directed the Registry not to accept any further applications regarding the same subject matter. The judgment was delivered on February 05, 2021.
Headnote
A) Criminal Procedure - Recall of Order - Maintainability of Repeated Applications - Not maintainable - The applicant's second application for recalling the order dated 03.09.2020 was dismissed as it was a repeat of an earlier application which had already been dismissed. The court held that a litigant cannot repeatedly seek the same relief and that the Registry should not accept further applications on this matter (Paras 2-4).
Issue of Consideration
Whether the applicant's second application for recalling the order dated 03.09.2020 is maintainable.
Final Decision
The Supreme Court dismissed the application to recall the order dated 03.09.2020, stating that repeated applications for the same relief are not maintainable and directed the Registry not to accept further applications on this matter.
Law Points
- recall of order
- maintainability of application
- recusal of judge
