SC: Justice to petitioner shouldn’t become a victim of the Court’s prestige.

Today, i.e. on 21st February 2019, the Hon’ble Supreme Court, in the matter of Riya George v. Kannur Medical College and Ors. pronounced that ordinarily non-disclosure of a full and complete statement of facts should result in the dismissal of a writ petition under Article 32 of the Constitution. However, justice to the petitioner should not become a victim of the prestige of the court.

The Hon’ble Supreme Court observed that:

While moving a writ petition before this Court, the petitioner ought to have made a full, fair and candid disclosure of all facts. (Para 24)

In order to enable the Court to consider the plea of duress, it is the bounden duty and obligation of the party making such plea to disclose a full and complete statement of facts. (This inference has been drawn on the basis of Para 24)

Ordinarily non-disclosure of a full and complete statement of facts should result in the dismissal of a writ petition under Article 32 of the Constitution. However, justice to the petitioner should not become a victim of the prestige of the Supreme Court. (Para 25)

A student who has been deprived of a valuable year in pursuing her studies, cannot be left in the lurch. (Para 27)

Copy of judgement:Judgement_21-Feb-2019

-Tushar Kaushik

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