Created byFuzzy Cloud

Supreme Court of India

SUKH DEO NARAINversusSTATE OF RAJASTHAN

Citation
1984 INSC 125
Decided
20 July 1984
Disposal
Dismissed

Holding

The transfer petition is dismissed as it fails to disclose facts or the common questions, constituting a disrespectful and invalid application under Article 139A(1).

Summary

The petitioner filed a transfer petition under Article 139A(1) of the Constitution seeking to move a writ petition pending before the Rajasthan High Court to the Supreme Court, alleging that the High Court petition raised the same questions as a Special Leave Petition (SLP) already pending before this Court. The petition contained no factual background, did not specify the common questions, and was drafted in a casual manner. The Court held that such a petition is disrespectful to the highest court and that the advocate had failed to discharge his duty to both the court and the client. Consequently, the transfer petition was dismissed for being bereft of necessary particulars. The decision underscores the requirement of a detailed statement of facts and questions when invoking Article 139A(1).

Issues considered

  • What are the pleading requirements for a transfer petition under Article 139A(1) of the Constitution?
  • Can a transfer petition be entertained when it lacks factual details and does not specify the common questions?

Legislation cited

Subjects

Transfer of writ petitionArticle 139ASupreme CourtPleading standardsAdvocate's dutyDismissal for lack of facts

Judgment

                                                                                      199



                              SUKH DEO NARAIN                                           A
                                            v.
                            STATE OF RAJASTHAN

                                       July 20, 1984
                                                                                            B
              [0. CHIN'1APPA REDDY AND           RANGANATH MISRA, JJ.]


           Supreme Court Rules 1966-0rder .-YXXVI-A-In~erted by G.S.R.
    1024 dated 19-8·1978-Application~ for transfer under Clause (I) of Article
    139·1 of the Constitution-Requirements of i•alid petition.
                                                                                            c
          Practice-Drafting and filing petitio11 in casual and careless n1anner-
    Whether proper discharge of duty by advocate to court and client.


           A petition for withdrawing a writ petition pending in the High Court
    to the Supreme Court UIJ.der Article l 39A (1) of the Constitution mention-
    ed nothing else except that the writ p~tition pending in the High Court                 D
    raised exactly the sarne questi:ins as those r,dscd in a special leave petition
    pending in the Supreme Court. What the questions were and what the
    fa~ts of the cases were was not disclosed.

            Dismissing the petition,
                                                                                            E
-          HELD': It is most discourteous and disrespectful to the highest
    court in the country to file such indifferent petitions. The advocate;, is
    not discharging his dury either to the court or to the client. [200C]

            ORIGINAL JURISDICTION :       Transfer Petition (Civil) No. 344 of              F
    1983.

         Under article !39A of the Constitution of India for transfer
    of Writ Petition No. 475 of 1983 pending before the Rajasthan
    High Court.
                                                                                            G
            D. Bhandari for the Petitioner (Not Present)

            B. D. Sharma for the Respondent.

            The Order of the court was delivered by
                                                        '
                                                                                            H
    200                SUPRE"JE COURT REPORTS               [J 985) 1 S.C. R.

A         CHINNAPPA REDDY, J.     This petition is totally bereft of any
    statement of facts. It has been drafted and filed in a most casual
    and careless manne~. All that is stated in the petition is that th~
    Writ Petition pending· in the Rajasthan High Court raises exactly
    the same questions as those raised in SLP (Civil) No. 7561/83
    pending in th;s Court and the writ petition may, therefore, be trans-
B               •
    ferrcd to this Court. Nothing else is mentioned. No facts relating
    to either case are mentioned. Even the alleged common questions
    are not stated. We can only say that it is most discourteous and
    disrespectful to the highest court in the country to file such indiffe-
    rent petitions. The advocate is not discharging his duty either to
     the court or to the client.
c
          Transfer petition is dismissed.

D    H.S.K.                                             Petition dismissed.


                                                                                ...




                                                                                 •




                                                                 ~···


Search Indian case law

Ask in plain English, not just keywords. 25,000 AI words free, no card.

Try "Transfer of writ petition"Sign in to search

For a digitally signed copy suitable for filing, refer to the court's own website. Only the court can issue one.