Supreme Court Rejects Post-Disposal Protection Plea: A Setback for Litigants Seeking Reopened Cases.
09 December 2024
Civil Appeals >> Civil & Consumer Law
The Court has addressed a Miscellaneous Application filed by the original petitioner of Writ Petition (Civil) No. 429 of 2020 in the matter of Ajay Kumar Jain vs The State of Uttar Pradesh and Another, seeking protection during the pendency of a Civil Appeal. The petitioner, Dr. Ajay Kumar Jain, had previously filed a Contempt Application (No. 26/2016) which was heard and allowed by the District Judge as per the directions of the Court. Despite the ruling, Dr. Jain expressed concerns about threats from the contemnor and requested protection.
The Court noted that the Miscellaneous Application was not maintainable, as it sought to reopen proceedings that had already been disposed of. The Court emphasized that miscellaneous applications cannot be used to revive proceedings based on subsequent events or fresh causes of action. It further clarified that such applications should only be entertained in rare cases when the Court’s order is executory and cannot be implemented due to new developments.
The Court referred to a prior decision, explaining that post-disposal miscellaneous applications are only permissible to correct clerical errors or when the Court’s directions become impossible to implement. In this case, the Court rejected the application and advised Dr. Jain to seek protection by filing a new writ petition before the appropriate High Court.