AIR 2002 SUPREME COURT 1771 ::2002 AIR SCW 1730 ::2002 (2) Com LJ 193 SC ::2002 (4) SCC 388 ::(2002) 3 Scale 406 ::(2002) 47 All LR 429 ::2002 (3) SCT 527 ::(2002) 3 SCJ 45 ::2002 (2) LRI 208 ::2002 (3) SLT 83 ::2002 (3) Supreme 208 ::2002 (3) GujLR 2138 ::(2002) 3 AndhLD 54 ::2002 (5) SRJ 272 ::(2002) 3 JT 609 (SC)

Supreme Court Of India

Hon'ble Judge(s): S. P. Bharucha, S. S. M. Quadri, U. C. Banerjee, S. N. Variava, Shivaraj V. Patil , JJJ

Constitution of India , Art.32, Art.137, Art.145— Supreme Court Rules (1966) , O.40 R.1, O.47 R.6— Writ petition - Under Art. 32 against a final judgment/order of Supreme Court after disposal of review petition - Is not maintainable - Court, however, can exercise inherent powers and reconsider final judgment to prevent abuse of process of Court and to cure a gross miscarriage of justice in rarest of rare cases - Principle of ensuring certainty and finality of judgment of Courts of last resort can be given a go-by in these rarest of rare cases. Legal maxim - Doctrine of ex debito justitiae. A final judgment/order passed by this Court cannot be assailed in an application under Article 32 of the Constitution of India by an aggrieved person whether he was a party to the case or not. The jurisdiction of Supreme Court under Article 32 of the Constitution cannot be invoked to challenge the validity of a final judgment/order passed by this Court after exhausting the remedy of review under Article 137 of the Constitution read with Order XI, Rule 1 of the Supreme Court Rules, 1966. Having carefully examined the historical background and the very nature of writ jurisdiction, which is a supervisory jurisdiction over inferior Courts/Tribunals, on principle, a writ of certiorari cannot be issued to co-ordinate Courts and a fortiorari to super....