Supreme Court of India
KAMLESH VERMAversusMAYAWATI AND ORS.
- Citation
- 2013 INSC 526
- Decided
- 8 August 2013
- Disposal
- Disposed off
- Bench
- P SATHASIVAM
Holding
The review petition is dismissed as it fails to meet the statutory criteria for review; no error apparent on the face of the record or new material was shown.
Summary
The Supreme Court reviewed a petition filed by Kamlesh Verma seeking a review of its July 6, 2012 order that quashed FIR No. RC 0062003A0019 against Mayawati, finding that the order was correctly based on the earlier judgment that the 18 September 2003 direction did not authorize a separate FIR on disproportionate assets. The Court held that the review petition was not maintainable because the issues had already been fully decided, no new evidence or error apparent on the face of the record was shown, and the petition merely reiterated arguments previously rejected. Consequently, the petition was dismissed. The judgment reiterated the limited scope of review under Article 137, Order 47 Rule 1 CPC and Supreme Court Rules, emphasizing that review is not a rehearing and cannot be used to relitigate settled matters.
Issues considered
- The review petition is maintainable under Article 137 and Order 47 Rule 1 CPC?
- Whether any new evidence or error apparent on the face of the record justifies a review of the July 6, 2012 order?
- Whether the Supreme Court erred in quashing FIR No. RC 0062003A0019 on the ground of lack of specific direction in the 18 September 2003 order?
Legislation cited
- Code of Civil Procedure, 1908s. Order 47 Rule 1
- Constitution of Indias. Article 137
- Indian Penal Code, 1860s. 120-B, s. 420, s. 467, s. 468, s. 471
- Prevention of Corruption Act, 1988s. 13(1)(d), s. 13(1)(e), s. 13(2)
- Supreme Court Rules, 1966s. Part VIII Order XL
Subjects
Review jurisdictionArticle 137Supreme Court reviewFIR quashingCBI jurisdictionTaj Heritage CorridorError apparent on the face of the recordCriminal procedureProcedural law
Judgment
[2013] 11 S.C.R. 25
KAMLESH VERMA A
v.
MAYAWATI AND ORS.
REVIEW PETITION (CRL.) NO. 453 OF 2012
IN
WRIT PETITION (CRL.) 135 OF 2008 B
AUGUST 8, 2013
[P. SATHASIVAM, CJI. AND DIPAK MISRA, J.]
Constitution of India, 1950 - Art. 137 - Review C
jurisdiction .:... Exercise of -Scope - Review, when
maintainable and when not maintainable - Principles
summarised and discussed - Code of Civil Procedure, 1908
- Or. XL VII, r. 1 - Supreme Court Rules, 1966 - Part VIII, Or.
~. D
Constitution of India, 1950 - Art.137 - Review petition -
Maintainability- Vide order dated 18.09.2003 in M.C. Mehta
case, the Supreme Court had directed the CBI to conduct
inquiry with respect to execution of Taj Heritage Corridor E
Project under Taj Trapezium Zone (TTZ) Area at Agra which
culminated into registration of an FIR under provisions of /PC
and the PC-Act against several persons including respondent
no. 1 - CBI thereupon lodged another FIR under provisions
of the PC Act only against respondent no. 1 with regard to
alleged acquisition of disproportionate movable and F
immovable assets by her and her relatives - Respondent
no. 1 filed writ petition before Supreme Court against the
second FIR - Supreme Court by order dated 06.07.2012,
quashed the second FIR holding that the order dated
18.09.2003 did not contain any specific direction regarding G
lodging of FIR in the matter of disproportionate assets case
against respondent no. 1 and that the CBI exceeded its
juri~diction in lodging the same - Review petition challenging
order dated 06.07.2012 passed in the Writ Petiljon - Held:
' 25 H
26 SUPREME COURT REPORTS (2013) 11 S.C.R.
A Review petitioner herein was intervener in the earlier writ
Petition - Contentions raised by him were dealt with and duly
considered at length in the order dated 06. 07. 2012 and it was
clarified that anything beyond the Taj Corridor matter was not
the subject matter of reference - Inasmuch as the very same
B point was urged once again, the same was impermissible -
In the writ petition, the Supreme Court had not gone into any
other aspect relating to the claim of the CBI, intervener (review
petitioner herein) or the stand of the respondent except the
dimctions relating to Taj Heritage Corridor Project which was
c the only /is - No material within the parameters of review
jurisdiction to go into order dated 06.07.2012 passed in the
Writ Petition - Code of Civil Procedure, 1908 - Or. XL VII, r. 1
- Supreme Court Rules, 1966 - Part VIII, Order XL - Penal
Code, 1860 - s.120-B rlw ss.420, 467, 468 and 471 -
0 Prevention of Corruption Act, 1988- s.13(2) rlw s.13(1)(d) and
s.13(2) rlw s.13(1)(e).
Vide order dated 18.09.2003 in M.C. Mehta vs. Union
of India and Others, the Supreme Court had directed the
CBI to conduct an inquiry with respect to the execution
E of the Taj Heritage Corridor Project under Taj Trapezium
Zone (TTZ) Area at Agra which culminated into the
registration of an FIR being No. 0062003A0018 of 2003
dated 05.10.2003 under Section 120-B read with Sections
42CI, 467, 468 and 471 of IPC and under Section 13(2) read
F with Section 13(1)(d) of the Prevention of Corruption Act,
1988 against several persons including Respondent No.1.
On the very same date, i.e., on 05.10.2003, the
Superintendent of Police, CBl/ACP lodged another FIR
G being RC No. 0062003A0019 of 2003 under Section 13(2)
read with Section 13(1)(e) of the Prevention of Corruption
Act:, 1988 only against respondent no.1 with regard to the
alleged acquisition of disproportionate movable and
immovable assets by respondent no.1 and her relatives.
H Aggrieved by the filing of the FIR being RC No.
KAMLESH VERMA v. MAYAWATI 27
0062003A0019 of 2003, respondent no.1 preferred Writ A
Petition (Crl.) No. 135 of 2008 before this Court, wherein
the review petitioner herein also moved an application for
intervention. This Court allowed the application for
intervention and then by order dated 06.07.2012, quashed
the FIR being No. 0062003A0019 of 2003 dated 05.10.2003 B
holding that the order dated 18.09.2003 did not contain
any specific direction regarding lodging of FIR in the
matter of disproportionate assets case against
respondent no.1 and that the CBI exceeded its
jurisdiction in lodging the same. c
The order dated 06.07.2012 passed in Writ Petition
(Crl.) No. 135 of 2008 was challenged in the present
review petition.
The question which arose for consideration before D
this Court was whether the review petitioner had made
out a case for reviewing the judgment and order dated
06.07.2012 passed in Writ Petition (Crl.) No. 135 of 2008
and satisfied the criteria for entertaining the same in
review jurisdiction. ' E
Disposing of the review petition, the Court
HELD: 1.1. Article 137 of the Constitution provides
for review of judgments or orders by the Supreme Court.
Order XLVll, Rule 1(1) of the Code of Civil Procedure, F
1908, provides for an application for review. Further, Part
VIII Order XL of the Supreme Court Rules, 1966 deals with
the review. Review proceedings are not by way of an
appeal and have to be strictly confined to the scope and
ambit of Order XLVll Rule 1 of CPC. In review jurisdiction, G
mere disagreement with the view of the judgment cannot
be the ground for invoking the same. As long as the point
is already dealt with and answered, the parties are not
entitled to challenge the impugned judgment in the guise
H
28 SUPREME COURT REPORTS [2013] 11 S.C.R.
A that an alternative view is possible under the review
jurisdiction. [Paras 5, 6, 7 and 15] [34-D, E; 35-C; 45-C-D]
1.2. The following grounds of review are maintainable
as stipulated by the statute:
B (A) When the review will be maintainable:- (i)
Discovery of new and important matter or evidence
which, after the exercise of due diligence, was not within
knowledge of the petitioner or could not be produced by
him; (ii) Mistake or error apparent on the face of the
C record; (iii) Any other sufficient reason. The words "any
other sufficient reason" has been interpreted to mean "a
reason sufficient on grounds at least analogous to those
specified in the rule".
o (8) When the review will not be maintainable:- (i) A
repetition of old and overruled argument is not enough
to reopen concluded adjudications. (ii) Minor mistakes of
inconsequential import. (iii) Review proceedings cannot
be equated with the original hearing of the case. (iv)
E Review is not maintainable unless the material error,
manifest on the face of the order, undermines its
soundness or results in miscarriage of justice. (v) A
review is by no means an appeal in disguise whereby an
erroneous decision is re-heard and corrected but lies only
F for patent error. (vi) The mere possibility of two views on
the subject cannot be a ground for review. (vii) The error
apparent on the face of the record should not be an error
which has to be fished out and searched. (viii) The
appreciation of evidence on record is fully within the
domain of the appellate court, it cannot be permitted to
G be advanced in the review petition. (ix) Review is not
maintainable when the same relief sought at the time of
arguing the main matter had been negatived. [Para 16]
[45-E-H; 46-A, B-G]
H Sow Chandra Kante and Anr. vs. Sheikh Habib (1975) 1
KAMLESH VERMA v. MAYAWATI 29
SCC 674; M/s Northern India Caterers (India) Ltd. vs. Lt. A
Governor of Delhi (1980) 2 SCC 167: 1980 (2) SCR 650; Co/.
Avtar Singh Sekhon vs. Union of India and Ors. 1980 (Supp)
SCC 562: 1981 SCR 168; Parsion Devi and Ors. vs. Sumitri
Devi and Ors. (1997) 8 SCC 715: 1997 (4) Suppl. SCR 470;
Lily Thomas and Ors. vs. Union of India and Ors. (2000) 6 B
SCC 224: 2000 (3) SCR 1081; Kera/a State Electricity Board
vs. Hitech Electrothermics and Hydropower Ltd. and Ors.
(2005) 6 SCC 651: 2005 (2) Suppl. SCR 517; Jain Studios
Ltd. vs. Shin Satellite Public Co. Ltd. (2006) 5 SCC 501: 2006
(3) Suppl. SCR 409; Moran Mar Basse/ios Catholicos vs. c
Most Rev. Mar Poulose Athanasius and Ors. (1955) 1 SCR
520 and Union of India vs. Sandur Manganese and Iron Ores
Ltd. and Ors. JT 2013 (8) SC 275: 2013 SCR 1045 - relied
on.
Mayawati vs. Union of India and Ors. (2012) 8 SCC 106: D
2012 (7) SCR 33; M.C. Mehta vs. Union of India and Ors.
(2003) 8 SCC 706; M.C. Mehta vs. Union of India (2003) 8
sec 711 and M. C. Mehta vs. Union of India and Ors. (2003)
8 SCC 696: 2003 (3) Suppl. SCR 925 - referred to.
E
Chhajju Ram vs. Neki AIR 1922 PC 112 - referred to.
2.1. In order to substantiate the argument that FIR
being RC No. 0062003A0019 of 2003 was lodged under
the orders and directions of this Court, the petitioner
referred to the earlier orders passed at the time of original F
hearing. In fact, the very same orders and arguments
were advanced by the then Additional Solicitor General
for CBI as well as the then counsel on behalf of the
intervener/petitioner herein. _I~ paragra~~ ~:;~. ~o io 23. of
Co.ur
the order !!~t~::: .io12, the very same contentions G
were made, dealt with and duly considered at length and
it was clarified that anything beyond the Taj Corridor
matter was not the subject matter of reference before the
Taj Corridor Bench and the CBI was not justifying in
proceeding with FIR being RC No. 0062003A0019 of 2003 H
30 SUPREME COURT REPORTS... [2013) 11 S.C.R.
A dated 05.10.2003 since the order dated 18.09.2003 did not
contain any specific direction regarding lodging of FIR in
the matter of disproportionate assets case against
respondent No.1. After dealing with all those orders
exhaustively, the contents of the FIR dated 05.10.2003
B and taking note of the principles laid down by the
Constitution Bench of this Court in the case of Committee
for Protection of Democratic Rights, West Bengal & Ors.,
conclusion was arrived at by this Court in Writ Petition
(Crl.) No. 135 of 2008. Inasmuch as the very same point
c has been urged once again, the same is impermissible.
[Paras 20, 21) [47-H; 48-A-E]
2.~. The earlier writ petition filed by the respondent
was disposed off based on the relief sought for, contents
of the FIR dated 05.10.2003, and earlier directions relating
D to the Taj Heritage Corridor Project. This Court had not
gone into any other aspect relating to the claim of the CBI,
intervener or the stand of the respondent except the
directions relating to Taj Heritage Corridor Project which
was the only tis before this Court in Writ Petition being
E No. 135 of 2008. In such circumstances, there is no
material within the parameters of review jurisdiction to go
into the earlier order dated 06.07.2012. [Para 22 and 23)
[50-C-E]
F H.N. Rishbud and lnder Singh vs. The State of Delhi
1955 (1) SCR 1150; Vineet Narain and Ors. vs. Union of India
and Anr. (1998) 1 SCC 226: 1997 (6) Suppl. SCR 595; State
of West Bengal and Ors. vs. Committee for Protection of
D~.'!!(_)Cratic Rights, West Bengal and Ors. (2010) 3 sec 571:
G 2010 (2) SCR s7~·citl~ .~~.~::!'!!~ti ~s. Union of India (2012) 8
SCC 106: 2012 (7) SCR 33 - referred to.
Case Law Reference:
2012 (7) SCR 33 referred to Para 1
H (2003) s sec 10s referred to Para 2(a)
KAMLESH VERMA v. MAYAWATI 31
(2003) 8 sec 111 referred to Para 2(b) A
2003 (3) Suppl. SCR 925 referred to Para 7
(1975) 1 sec 674 relied on Para 8
1980 (2) SCR 650 relied on Para 9
B
1981 SCR 168 relied on Para 10
1997 (4) Suppl. SCR 470 relied on Para 11
2000 (3) SCR 1081 relied on Para 12
c
2005 (2) Suppl. SCR 517 relied on Para 13
2006 (3) Suppl. SCR 409 relied on Para 14
AIR 1922 PC 112 referred to Para 16A
(1955) 1 SCR 520 relied on Para 16A D
2013 SCR 1045 relied on Para 16A
1955 (1) SCR 1150 referred to Para 18
1997 (6) Suppl. SCR 595 referred to Para 18 E
2010 (2) SCR 979 referred to Para 21
CRIMINAL ORIGINAL JURISDICTION : Review Petition
(Crl.) No. 453 of 2012.
F
In
W.P. (Crl) No. 135 of 2008.
Under Article 32 of the Constitution of India.
G
Mohan Parasaran, ASG, Harish Salve, S.C. Mishra, Shail
Kumar Dwivedi, Kapil Mishra, Abhinav Shrivastava, D.L.
Chidananda, T.A. Khan, Arvind Kumar Sharma, B. Krishna
Prasad, Kamini Jaiswal, Prashant Bhushan, Anupam Bharti,
H
32 SUPREME COURT REPORTS [2013] 11 S.C.R.
A Shashnak Singh, Pyoil Swatija, Akhilesh Karla, Rohit Kr. Singh,
P. Narasimhan for the appearing parties.
The Judgment of the Court was delivered by
P.SATHASIVAM, CJI. 1. This petition has been filed by
B the petitioner herein-Kamlesh Verma seeking review of the
judgment and order dated 06.07.2012 passed in Mayawati vs.
Union of India & Ors. (2012) 8 SCC 106 (Writ Petition (Crl.)
No. 135 of 2008).
C 2. Brief Facts:
(a) This Court, by order dated 16.07.2003 in I.A. No. 387
of 2003 in Writ Petition (C) No. 13381 of 1984 titled M. C.
Mehta vs. Union of India & Ors., (2003) 8 SCC 706, directed
the CBI to conduct an inquiry on the basis of the I.A. filed in the
0
aforesaid writ petition alleging various irregularities committed
by the officers/persons concerned in the Taj Heritage Corridor
Project and to submit a Preliminary Report. By means of an
order dated 21.08.2003 in M.C. Mehta vs. Union of India
E (2003) 8 SCC 711, this Court issued certain directions to the
CBI to interrogate and verify the assets of the persons
concerned with regard to outflow of Rs. 17 crores which was
alleged to have been released without proper sanction for the
said Project.
F (b) The CBI-Respondent No. 2 therein submitted a report
on 11.09.2003 before this Court which formed the basis of
order dated 18.09.2003 titled M. C. Mehta vs. Union of India
and Others, (2003) 8 sec 696 wherein the CBI was directed
to conduct an inquiry with respect to the execution of the Taj
G Heritage Corridor Project under Taj Trapezium Zone (TTZ) Area
at Agra which culminated into the registration of an FIR being
No. 0062003A0018 of 2003 dated 05.10.2003 under Section
·120-B read with Sections 420, 467, 468 and 471 of the Indian
Penal Code, 1860 (in short 'the IPC') and under Section 13(2)
H read with Section 13(1 )(d) of the Prevention of Corruption Act,
KAMLESH VERMA v. MAYAWATI 33
[P. SATHASIVAM, CJI.]
1988 (in short 'the PC Act') against several persons including A
Ms. Mayawati-Respondent No. 1 herein.
(c) On the very same date, i.e., on 05.10.2003, Shri K.N.
Tewari, Superintendent of Police, CBl/ACP, Lucknow lodged
another FIR being RC No. 0062003A0019 of 2003 under B
Section 13(2) read with Section 13(1)(e) of the PC Act only
against Ms. Mayawati (petitioner therein) alleging that in
pursuance of the orders dated 21.08.2003, 11.09.2003 and
18.09.2003 passed by this Court, the CBI conducted an inquiry
with regard to the acquisition of disproportionate movable and C
immovable assets of Ms. Mayawati and her close relatives on
the basis of which, the CBI has lodged the said FIR. Pursuant
to the same, the CBI conducted raids, search and seizure
operations at all the premises of the petitioner therein and her
relatives and seized all the bank accounts.
D
(d) Aggrieved by the filing of the FIR being RC No.
0062003A0019 of 2003, Ms. Mayawati-the petitioner therein
and Respondent No. 1 herein preferred Writ Petition (Crl.) No.
135 of 2008 before this Court. In the said petition, one Shri
Kamlesh Verma (the petitioner herein) also moved an E
application for intervention being I.A. No. 8 of 2010.
(e) This Court, by order dated 06.07.2012, quashed the
FIR being No. 0062003A0019 of 2003 dated 05.10.2003
holding that the order dated 18.09.2003 does not contain any
specific direction regarding lodging of FIR in the matter of F
disproportionate assets case against Ms. Mayawati (the
petitioner therein) and the CBI exceeded its jurisdiction in
lodging the same and also allowed the application for
intervention.
G
(f) Aggrieved by the order of quashing of the FIR being No.
0062003A0019 of 2003 dated 05.10.2003, Shri Kamlesh
Verma-the petitioner herein/the intervenor therein has filed the
above review petition.
H
34 SUPREME COURT REPORTS (2013) 11 S.C.R.
A 3. Heard Mr. Shanti Bhushan, learned senior counsel for
the petitioner, Mr. Satish Chandra Mishra, learned senior.
counsel for Respondent No. 1 herein and Mr. Mohan
Parasaran, learned Solicitor General for the CBI.
8 Discussion:
4. The only point for consideration in this petition is
whether the review petitioner has made out a case for reviewing
the judgment and order dated 06.07.2012 and satisfies the
criteria for entertaining the same in review jurisdiction?
c
Review Jurisdiction:
5. Article 137 of the Constitution of India provides for
review of judgments or orders by the Supreme Court which
reads as under:
0
"Subject to the provisions of any law made by Parliament
or any rules made under Article 145, the Supreme Court
shall have power to review any judgment pronounced or
order made by it."
E
6. Order XLVll, Rule 1(1) of the Code of Civil Procedure,
1908, provides for an application for review which reads as
under:
"Any person considering himself aggrieved-
F
a) by a decree or order from which an appeal is
allowed, but from which no appeal has been
preferred,
b) by a decree or order from which no appeal is
G
allowed, or
c) by a decision on a reference from a Court of Small
Causes,
H and who, from the discovery of new and important matter
KAMLESH VERMA v. MAYAWATI 35
[P. SATHASIVAM, CJI.]
or evidence which, after the exercise of due diligence, was A
not within his knowledge or could not be produced by him
at the time when the decree was passed or order made,
or on account of some mistake or error apparent on the
face of the record, or for any other sufficient reason,
desires to obtain a review of the decree passed or order B
made against him, may apply for a review of judgment to
the court which passed the decree or made the order."
7. Further, Part VIII Order XL of the Supreme Court Rules,
1966 deals with the review and consists of four rules. Rule 1 is
important for our purpose which reads as under: C
"The Court may review its judgment or order, but no
application for review will be entertained in a civil
proceeding except on the ground mentioned in Order XLVll
Rule 1 of the Code and in a criminal proceeding except D
on the ground of an error apparent on the face of the
record."
8. This Court has repeatedly held in various judgments that
the jurisdiction and scope of review is not that of an appeal and E
it can be entertained only if there is an error apparent on the
face of the record. A mere repetition through different counsel,
of old and overruled arguments, a second trip over ineffectually
covered grounds or minor mistakes of inconsequential import
are obviously insufficient. This Court, in Sow Chandra Kante
& Anr. vs. Sheikh Habib (1975) 1 SCC 674, held as under: F
"1. Mr Daphtary, learned counsel for the petitioners, has
argued at length all the points which were urged at the
earlier stage when we refused special leave thus making
out that a review proceeding virtually amounts to a re- G
hearing. May be, we were not right is refusing special leave
in the first round; but, once an order has been passed by
this Court, a review thereof must be subject to the rules of
the game and cannot be lightly entertained. A review of a
judgment is a serious step and reluctant resort to it is H
36 SUPREME COURT REPORTS [2013] 11 S.C.R.
A proper only where a glaring omission or patent mistake or
like grave error has crept in earlier by judicial fallibility. A
mere repetition, through different counsel, of old and
overruled arguments, a second trip over ineffectually
covered ground or minor mistakes of inconsequential
B import are obviously insufficient. The very strict need for
compliance with these factors is the rationale behind the
insistence of counsel's certificate which should not be a
routine affair or a habitual step. It is neither fairness to the
Court which decided nor awareness of the precious public
time lost what with a huge backlog of dockets waiting in
c the queue for disposal, for counsel to issue easy
certificates for entertainment of review and fight over again
the same battle which has been fought and lost. The Bench
and the Bar, we are sure, are jointly concerned in the
conservation of judicial time for maximum use. We regret
D
to say that this case is typical of the unfortunate but
frequent phenomenon of repeat performance with the
review label as passport Nothing which we did not hear
then has been heard now, except a couple of rulings on
points earlier put forward. May be, as counsel now urges
E and then pressed, our order refusing special leave was
capable of a different course. The present stage is not a
virgin ground but review of an earlier order which has the
normal feature of finality."
F 9. In a criminal proceeding, review is permissible on the
ground of an error apparent on the face of the record. A review
proceeding cannot be equated with the original hearing of the
case. In Mis Northern India Caterers (India) Ltd. vs. Lt.
GovernorofDelhi, (1980) 2 SCC 167, this Court, in paragraph
G Nos. 8 & 9 held as under:
11
8. It is well-settled that a party is not entitled to seek a
review of a judgment delivered by this Court merely for the
purpose of a rehearing and a fresh decision of the case.
The normal principle is that a judgment pronounced by the
H
KAMLESH VERMA v. MAYAWATI 37
[P. SATHASIVAM, CJI.]
Court is final, and departure from that principle is justified A
only when circumstances of a substantial and compelling
character make it necessary to do so: Sajjan Singh v.
State of Rajasthan. For instance, if the attention of the Court
is not drawn to a material statutory provision during the
original hearing, the Court will review its judgment: G.L. B
Gupta v. D.N. Mehta. The Court may also reopen its
judgment if a manifest wrong has been done and it is
necessary to pass an order to do full and effective justice:
O.N. Mohindroo v. Distt. Judge, Delhi. Power to review its
judgments has been conferred on the Supreme Court by c
Article 137 of the Constitution, and that power is subject
to the provisions of any law made by Parliament or the
rules made under Article 145. In a civil proceeding, an
application for review is entertained only on a ground
mentioned in Order 4 7 Rule 1 of the Code of Civil
0
Procedure, and in a criminal proceeding on the ground of
an error apparent on the face of the record (Order 40 Rule
1, Supreme Court Rules, 1966). But whatever the nature
of the proceeding, it is beyond dispute that a review
proceeding cannot be equated with the original hearing of E
the case, and the finality of the judgment delivered by the
Court will not be reconsidered except "where a glaring
omission or patent mistake or like grave error has crept
in earlier by judicial fallibility": Sow Chandra Kante v.
Sheikh Habib.
F
9. Now, besides the fact that most of the legal material-so
assiduously collected and placed before us by the learned
Additional Solicitor General, who has now been entrusted
to appear for the respondent, was never brought to our
attention when the appeals were heard, we may also G
examine whether the judgment suffers from an error
apparent on the face of the record. Such an error exists if
of two or more views canvassed on the point it is possible
to hold that the controversy can be said to admit of only
one of them. If the view adopted by the Court in the original H
38 SUPREME COURT REPORTS [2013] 11 S.C.R.
A judgment is a possible view having regard to what the
record states, it is difficult to hold that there is an error
apparent on the face of the record."
10. Review of the earlier order cannot be done unless the
court is satisfied that material error, manifest on the face of the
B
order, undermines its soundness or results in miscarriage of
justice. This Court, in Col. Avtar Singh Sekhon vs. Union of
India & Ors. 1980 {Supp) SCC 562, held as under:
"12. A review is not a routine procedure. Here we resolved
c to hear Shri Kapil at length to remove any feeling that the
party has been hurt without being heard. But we cannot
review our earlier order unless satisfied that material error,
manifest on the face of the order, undermines its
soundness or results in miscarriage of justice. In Sow
D Chandra Kante v. Sheikh Habib this Court observed :
"A review of a judgment is a serious step and
reluctant resort to it is proper only where a glaring
omission or patent mistake or like grave error has
crept in earlier by judicial fallibility .... The present
E stage is not a virgin ground but review of an earlier
order which has the normal feature of finality."
11 . An error which is not self-evident and has to be
detected by a process of reasoning can hardly be said to be
F an error apparent on the face of the record justifying the Court
to exercise its power of review. A review is by· no means an
appeal in disguise whereby an erroneous decision is re-heard
and corrected, but lies only for patent error. This Court, in
Parsion Devi & Ors. vs. Sumitri Devi & Ors., (1997) 8 SCC
G 715, held as under:
"7. It is well settled that review proceedings have to
be strictly confined to the ambit and scope of Order 47
Rule 1 CPC. In Thungabhadra Industries Ltd. v. Govt. of
A.P. this Court opined:
H
KAMLESH VERMA v. MAYAWATI 39
[P. SATHASIVAM, CJI.]
"What, however, we are now concerned with is A
whether the statement in the order of September 1959 that
the case did not involve any substantial question of law is
an 'error apparent on the face of the record'). The fact that
on the earlier occasion the Court held on an identical state
of facts that a substantial question of law arose would not B
per se be conclusive, for the earlier order itself might be
erroneous. Similarly, even if the statement was wrong, it
would not follow that it was an 'error apparent on the face
of the record', for there is a distinction which is real, though
it might not ~lways be capable of exposition, between a c
mere erroneous decision and a decision which could be
characterised as vitiated by 'error apparent'. A review is
by no means an appeal in disguise whereby an erroneous
decision is reheard and corrected, but lies only for patent
error."(emphasis ours)
D
8. Again, in Meera Bhanja v. Nirmala Kumari
Choudhury while quoting with approval a passage from
Aribam Tu/eshwar Sharma v. Aribam Pishak Sharma this
Court once again held that review proceedings are not by
way of an appeal and have to be strictly confined to the E
scope and ambit of Order 47 Rule 1 CPC.
9. Under Order 47 Rule 1 CPC a judgment may be
open to review inter alia if there is a mistake or an error
apparent on the face of the record. An error which is not F
self-evident and has to be detected by a process of
reasoning, can hardly be said to be an error apparent on
the face of the record justifying the court to exercise its
power of review under Order 47 Rule 1 CPC. In exercise
of the jurisdiction under Order 47 Rule 1 CPC it is not G
permissible for an erroneous decision to be "reheard and
corrected". A review petition, it must be remembered has
a limited purpose and cannot be allowed to be "an appeal
in disguise".
· 12. Error contemplated under the rule must be such which H
40 SUPREME COURT REPORTS 12013] 11 S.C.R.
A is apparent on the face of the record and not an error which
has to be fished out and searched. It must be an error of
inadvertence. The power of review can be exercised for
correction of a mistake but not to substitute a view. The mere
possibility of two views on the subject is not a ground for review.
B This Court, in Lily Thomas & Ors. vs. Union of India & Ors.,
(2000) 6 sec 224, held as under:
"54. Article 137 empowers this Court to review its
judgments subject to the provisions of any law made by
Parliament or any rules made under Article 145 of the
c Constitution. The Supreme Court Rules made in exercise
of the powers under Article 145 of the Constitution
prescribe that in civil cases, review lies on any of the
grounds specified in Order 47 Rule 1 of the Code of Civil
Procedure which provides:
D
"1. Application for review of judgment.-(1) Any
person considering himself aggrieved-
(a) by. a decree or order from which an appeal is
allowed, but from which no appeal has been preferred,
E
(b) by a decree or order from which no appeal is
allowed, or
(c) by a decision on a reference from a Court of Small
F Causes,
and who, from the discovery of new and important matter
or evidence which, after the exercise of due diligence, was
not within his knowledge or could not be produced by him
at the time when the decree was passed or order made,
G or on account of some mistake or error apparent on the
face of the record, or for any other sufficient reason,
desires to obtain a review of the decree passed or order
made against him, may apply for a review of judgment to
the court which passed the decree or made the order."
H
KAMLESH VERMA v. MAYAWATI 41
[P. SATHASIVAM, CJI.]
Under Order XL Rule 1 of the Supreme Court Rules no A
review lies except on the ground of error apparent on the
face of the record in criminal cases. Order XL Rule 5 of
the Supreme Court Rules provides that after an application
for review has been disposed of no further application shall
be entertained in the same matter. B
56. It follows, therefore, that the power of review can
be exercised for correction of a mistake but not to
substitute a view. Such powers can be exercised within
the limits of the statute dealing with the exercise of power.
The review cannot be treated like an appeal in disguise. C
The mere possibility of two views on the subject is not a
ground for review. Once a review petition is dismissed no
further petition of review can be entertained. The rule of
law of following the practice of the binding nature of the
larger Benches and not taking different views by the D
Benches of coordinated jurisdiction of equal strength has
to be followed and practised. However, this Court in
exercise of its powers under Article 136 or Article 32 of
the Constitution and upon satisfaction that the earlier
judgments have resulted in deprivation of fundamental E
rights of a citizen or rights created under any other statute,
can take a different view notwithstanding the earlier
judgment.
58. Otherwise also no ground as envisaged under F
Order XL of the Supreme Court Rules read with Order 47
of the Code of Civil Procedure has been pleaded in the
review petition or canvassed before us during the
arguments for the purposes of reviewing the judgment in
Sar/a Mudgal case, (1995) 3 sec 635 It is not the case G
of the petitioners that they have discovered any new and
important matter which after the exercise of due diligence
was not within their knowledge or could not be brought to
the notice of the Court at the time of passing of the
judgment. All pleas raised before us were in fact
H
42 SUPREME COURT REPORTS [2013) 11 S.C.R.
A addressed for and on behalf of the petitioners before the
Bench which, after considering those pleas, passed the
judgment in Sarla Mudgal case. We have also not found
any mistake or error apparent on the face of the record
requiring a review. Error contemplated under the rule must
B be such which is apparent on the face of the record and
not an error which has to be fished out and searched. It
must be an error of inadvertence. No such error has been
pointed out by the learned counsel appearing for the
parties seeking review of the judgment. The only
c arguments advanced were that the judgment interpreting
Section 494 amounted to violation of some of the
fundamental rights. No other sufficient cause has been
shown for reviewing the judgment. The words "any other
sufficient reason appearing in Order 47 Rule 1 CPC" must
mean "a reason sufficient on grounds at least analogous
D
to those specified in the rule" as was held in Chhajju Ram
v. Neki, AIR 1922 PC 112 and approved by this Court in
Moran Mar Basselios Catholicos v. Most Rev. Mar
Poulose Athanasius, AIR 1954 SC 526 Error apparent on
the face of the proceedings is an error which is based on
E clear ignorance or disregard of the provisions of law. In
T.C. Basappa v. T. Nagappa, AIR 1954 SC 440 this Court
held that such error is an error which is a patent error and
not a mere wrong decision. In Harl Vishnu Karnath v.
Ahmad lshaque, AIR 1955 SC 233, it was held:
F
"[l]t is essential that it should be something more than
a mere error; it must be one which must be manifest on
the face of the record. The real difficulty with reference to
this matter, however, is not so much in the statement of
G ' the principle as in its application to the facts of a particular
case. When does an error cease to be mere error, and
become an error apparent on the face of the record?
Learned counsel on either side were unable to suggest
any clear-cut rule by which the boundary between tbe two
H classes of errors could be demarcated.
KAMLESH VERMA v. MAYAWATI 43
[P. SATHASIVAM, CJI.]
Mr Pathak for the first respondent contended on the A
strength of certain observations of Chagla, C.J. in - 'Batuk
K. Vyas v. Surat Borough Municipality,AIR 1953 Born
133' that no error could be said to be apparent on the face
of the record if it was not self-evident and if it required an
examination or argument to establish it. This test might B
afford a satisfactory basis for decision in the majority of
cases. But there must be cases in which even this test
might break down, because judicial opinions also differ,
and an error that might be considered by one Judge as
self-evident might not be so considered by another. The C
fact is that what is an error apparent on the face of the
record cannot be defined precisely or exhaustively, there
being an element of indefiniteness inherent in its very
nature, and it must be left to be determined judicially on
the facts of each case." o
Therefore, it can safely be held that the petitioners have
not made out any case within the meaning of Article 137
read with Order XL of the Supreme Court Rules and Order
47 Rule 1 CPC for reviewing the judgment in Sarta Mudgal
case. The petition is misconceived and bereft of any E
substance. n
13. In a review petition, it is not open to the Court to re-
appreciate the evidence and reach a different conclusion, even
if that is possible. Conclusion arrived at on appreciation of F
evidence cannot be assailed in a review petition unless it is
shown that there is an error apparent on the face of the record
or for some reason akin thereto. Thi~ Court, in Kera/a State
Electricity Board vs. Hitech Electrothermics & Hydropower Ltd.
& Ors., (2005) 6 SCC 651, held as under: G
"10 .......... In a review petition it is not open to this
Court to reappreciate the evidence and reach a different
conclusion, even if that is possible. Learned counsel for the
Board at best sought to impress us that the
H
44 SUPREME COURT REPORTS (2013] 11 S.C.R.
·A correspondence exchanged between the parties did not
support the conclusion reached by this Court. We are
afraid such a submission cannot be permitted to be
advanced in a review petition. The appreciation of
evidence on record is fully within the domain of the
B appellate court. If on appreciation of the evidence
produced, the court records a finding of fact and reaches
a conclusion, that conclusion cannot be assailed in a review
petition unless it is shown that there is an error apparent
on the face of the record or for some reason akin thereto.
c It has not been contended before us that there is any error
apparent on the face of the record. To permit the review
petitioner to argue on a question of appreciation of
evidence would amount to converting a review petition into
an appeal irvdisguise."
D 14. Review is not re-hearing of an original matter. The
power of review cannot be confused with appellate power which
enables a superior court to correct all errors committed by a
subordinate court. A repetition of old and overruled argument
is not enough to re-open concluded adjudications. This Court,
E in Jain Studios Ltd. vs. Shin Satellite Public Co. Ltd., (2006)
5 sec 501, held as under:
"11. So far as the grievance of the applicant on
merits is concerned, the learned counsel for the opponent
F is right in submitting that virtually the applicant see~s the
same relief which had been sought at the.time of arguing
the main matter and had been negatived. Once such a
prayer had been refused, no review petition would lie which
would convert rehearing of the original matter. It is settled
law that the power of review cannot be confused with
G
appellate power which enables a superior court to correct
all errors committed by a subordinate court. It is not
rehearing of an original matter. A repetition of old and
overruled argument is not enough to reopen concluded
adjudications. The power of review can be exercised with
H
KAMLESH VERMA v. MAYAWATI 45
[P. SATHASIVAM, CJI.]
extreme care, caution and circumspection and only in A
exceptional cases.
12. When a prayer to appoint an arbitrator by the
applicant herein had been made at the time when the
arbitration petition was heard and was rejected, the same B
relief cannot be sought by an indirect method by filing a
review petition. Such petition, in my opinion, is in the
nature of "second innings" which is impermissible and
unwarranted and cannot be granted."
15. Review proceedings are not by way of an appeal and C
have to be strictly confined to the scope and ambit of Order
XLVll Rule 1 of CPC. In review jurisdiction, mere disagreement
with the view of the judgment cannot be the ground for invoking
the same. As long as the point is already dealt with and
answered, the parties are not entitled to challenge the impugned D
judgment in the guise that an alternative view is possible under
the review jurisdiction.
Summary of the Principles:
16. Thus, in view of the above, the following grounds of E
review are maintainable as stipulated by the statute:
(A) When the review will be maintainable:-
(i) Discovery of new and important matter or evidence F
which, after the exercise of due diligence, was not
within knowledge of the petitioner or could not be
produced by him;
(ii) Mistake or error apparent on the face of the record;
G
(iii) Any other sufficient reason.
The words "any other sufficient reason" has been
interpreted in Chhajju Ram vs. Neki, AIR 1922 PC 112 and
approved by this Court in Moran Mar Basselios Catho/icos vs.
H
46 SUPREME COURT REPORTS [2013] 11 S.C.R.
A Most Rev. Mar Poulose Athanasius & Ors., (1955) 1 SCR
520, to mean "a reason sufficient on grounds at least analogous
to those specified in the rule". The same principles have been
reiterated in Union of India vs. Sandur Manganese & Iron Ores
Ltd. & Ors., JT 2013 (8) SC 275.
B
(B) When the review will not be maintainable:-
(i) A repetition of old and overruled argument is not enough
to reopen concluded adjudications. ·
C · (ii) Minor mistakes of inconsequential import.
(iii) Review proceedings cannot be equated with the
original hearing of the case.
(iv) Review is not maintainable unless the material error,
D manifest on the face of the order, undermines its
soundness or results in miscarriage of justice.
(v) A review is by no means an appeal in disguise whereby
an erroneous decision is re-heard and corrected but lies
E only for patent error.
(vi) The mere possibility of two views on the subject cannot
be a ground for review.
(vii) The error apparent on the face of the record should
F not be an error which has to be fished out and searched.
(viii) The appreciation of evidence on record is fully within
the domain of the appellate court, it cannot be permitted
to be advanced in the review petition.
G (ix) Review is not maintainable when the same relief sought
at the time of arguing the main matter had been negatived.
17. Keeping the above principles in mind, let us consider
the claim of the petitioner and find out whether a case has been
H made out for interference exercising review jurisdiction.
KAMLESH VERMA v. MAYAWATI 47
[P. SATHASIVAM, CJI.)
18. Mr. Shanti Bhushan, learned senior counsel for the A
petitioner, once again took us through various earlier orders
passed by this Court in respect of Taj Corridor Project and
·submitted that even if there is any invalidity of investigation and
breach of mandatory provision, it is the duty of the Court
exercising jurisdiction under Article 32 of the Constitution of B
India to take necessary steps by ordering the investigating
agency to proceed further and take action in accordance with
law. For the same, he relied on the judgments of this Court in
H.N. Rishbud & lnder Singh vs. The State of Delhi, 1955 (1)
SCR 1150 at page 1164 and Vineet Narain & Ors. vs. Union C
of India & Anr.,, (1998) 1 SCC 226. In H.N. Rishbud (supra),
the following observation/conclusion is pressed into service:
" ..... It does not follow, however, that the invalldity of the
investigation is. to be completely ignored by the Court
during trial. When the breach of such a mandatory D
provision is brought to the knowledge of the Court at a
sufficiently early stage, the Court, while not declining
cognizance, will have to take the necessary steps to get
the illegality cured and the defect rectified, by ordering such
reinvestigation as the circumstances of an individual case E
may call for."
19. In Vineet Narain (supra), by drawing our attention to
paragraph 55, it was argued that the CBI must be allowed to
investigate and the offender against whom a prima facie case F
is made out should be prosecuted expeditiously. In other words,
according to him, it is the duty of the judiciary to enforce the
rule of law and to guard against erosion of the rule of law. We
make it clear that there is no second opinion on the above
direction and we also reiterate the same.
G
20. Based on the above, at the foremost, it is submitted
by Mr. Shanti Bhushan, learned senior counsel for the petitioner
that on a reading of various orders of this Court, it is clear that
FIR being RC No. 0062003A0019 of 2003 was lodged under
the orders and directions of this Court. In order to substantiate H
48 SUPREME COURT REPORTS [2013) 1.1 S.C.R.
A the above argument, Mr. Shanti Bhushan, once again, took us
through earlier orders which were passed at the time of original
hearing. In fact, the very same orders and arguments were
advanced by the then Additional Solicitor General for CBI as
well as Ms. Kamini Jaiswal, learned counsel on behalf of the
B intervener. In paragraph Nos. 18 to 23 of the order dated
06.07.2012, the very same contentions have been made, dealt
with and duly considered at length and it was clarified that
anything beyond the Taj Corridor matter was not the subject
matter of reference before the Taj Corridor Bench and the CBI
c is not justifying in proceeding with FIR being RC No.
0062003A0019 of 2003 dated 05.10.2003 since the order
dated 18.09.2003 does not contain any specific direction
regarding lodging of FIR in the matter of disproportionate
assets case against Ms. Mayawati-Respondent No. 1 herein.
D 21. After dealing with all those orders exhaustively, the
con.tents of the FIR dated 05.10.2003 and taking note of the
principles laid down by the Constitution Bench in State of West
Bengal & Ors. vs. Committee for Pr,otection of Democratic
Rights, West Bengal & Ors., (2010) 3 SCC 571, this Court, in
E Mayawati vs. Union of/ndia (2012) 8 SCC 106 arrived atthe
following conclusion:
"39. As discussed above and after reading all the
orders of this Court which are available in the "compilation",
F we are satisfied that this Court being the ultimate
custodian of the fundamental rights did not issue any
direction to CBI to conduct a roving inquiry against the
assets of the petitioner commencing from 1995 to 2003
even though the Taj Heritage Corridor Project was
conce.ived only in July 2002 and an amount of Rs 17
G
crores was released in August/September 2002. The
method adopted by CBI is unwarranted and. without
jurisdiction. We are also satisfied that CBI has proceeded
without proper understanding of various orders dated 16-
7-2003, 21-8-2003, 18-9-2003, 25-10-2004 and 7-8-2006
H
KAMLESH VERMA v. MAYAWATI 49
[P. SATHASIVAM, CJI.]
passed by this Court. We are also satisfied that there was A
no such direction relating to second FIR, namely, FIR No.
RC 0062003A0019 dated 5-10-2003.
40. We have already referred to the Constitution
Bench decision of this Court in Committee for Protection
B
of Democratic Rights wherein this Court observed that only
when this Court after considering the material on record
comes to a conclusion that such material does disclose
a prima facie case calling for investigation by CBI for the
alleged offenc:;e, an order directing inquiry by CBI could
be passed and that too after giving opportunity of hearing c
to the affected person. We are satisfied that there was no
such finding or satisfaction recorded by this Court in the
matter of disproportionate assets of the petitioner on the
basis of the status report dated 11-9-2003 and, in fact,
the petitioner was not a party before this Court in the case D
in question. From the perusal of those orders, we are also
satisfied that there could not have been any material
before this Court about the disproportionate assets case
of the petitioner beyond the Taj Corridor Project case and
there was no such question or issue about E
disproportionate assets of the petitioner. In view of the
same, giving any direction to lodge FIR relating to
disproportionate assets case did not arise.
41. We finally conclude that anything beyond the Taj
Corridor matter was not the subject-matter of reference F
before the Taj Corridor Bench,. Since the order dated 18-
9-2003 does not contain any specific direction regarding
lodging of FIR in the matter of disproportionate assets
case. against the petitioner, CBI is not justified in
proceeding with FIR No. RC 0062003A0019 dated 5-10- G
_2003. In view of the above discussion, we are satisfied
that CBJ exceeded its jurisdiction in lodging FIR No. RC
0062003A0019 dated 5-10-2003 in the absence of any
direction from this Court in the order dated 18-9-2003 or
in any subsequent orders." H
50 SUPREME COURT REPORTS [2013] 11 S.C.R.
A Inasmuch as the very same point has been urged once again,
in the light of the principles noted above, we are of the view
that the same are impermissible.
22. We have also noted the principles enunciated in H.N.
Rishbud (supra) as well as in Vineet Narain (supra). For the
8
sake of repetition, we are pointing out that we have disposed
of the earlier writ petition filed by the petitioner therein
(respondent herein) based on the relief sought for, contents of
the Fl R dated 05.10.2003, earlier directions relating to Taj
Heritage Corridor Project and arrived at such conclusion.
c
'23. It is also made clear that we have not gone into any
other aspect relating to the claim of the CBI, intervener or the
stand of the writ petitioner therein (respondent herein) except
the directions relating to Taj Heritage Corridor Project which
D was the only lis before us in Writ Petition being No. 135 of 2008.
In such circumstances and in the light of enormous decisions,
we find that there is no material within the parameters of review
jurisdiction to go into the earlier order dated 06.07.2012.
24. In the light of the above discussion, we once again
E reiterate that our decision is based on earlier directions relating
to Taj Heritage Corridor Project, particularly, the order dated
18.09.2003, the contents of FIR being RC No. 0062003A0019
dated 05.10.2003, the relief prayed in the writ petition filed
before this Court and we have not said or expressed anything
F beyond the subject matter of the dispute.
25. In the light of the above discussion, the review petition
is disposed of with the above observation.
B.B.B. Review Petition disposed of.
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