(Dipak Misra, C.J. and A.M. Khanwilkar and D.Y. Chandrachud, JJ.)
Tehseen Poonawalla _____________________________ Petitioner;
v.
Union of India and Another ____________________ Respondent(s).
Writ Petition (Civil) No. 19/2018, decided on January 22, 2018
With
W.P.(C) No. 20/2018 (PIL-W)
The Order of the court was delivered by
Order
1. The documents which are filed in a sealed cover are taken on record and the copies have been made available to the learned counsel for the petitioners.
2. When this matter was listed on 16th January, 2018, the Court passed the following order:—
“Let the documents be placed on record within seven days and if it is considered appropriate copies be furnished to the petitioners.”
3. Today when the matter has been listed before us, it is submitted by Mr. Varinder Kumar Sharma, learned counsel appearing for the petitioner in W.P.(C) No. 19 of 2018, that page No. 25 of the documents filed by the State of Maharashtra has not been supplied to him. Mr. Nishant Ramakantrao Katneshwarkar, learned counsel assisting Mr. Harish N. Salve and Mr. Mukul Rohatgi, learned senior counsel for the State of Maharashtra, submits that page No. 25 shall be supplied in the course of the day.
4. At this juncture, Mr. Dushyant Dave, learned senior counsel submitted that he intends to file an application for intervention in W.P.(C) No. 20 of 2018. The prayer is allowed.
5. Ms. Indira Jaising, learned senior counsel submits that she would also like to file an application for intervention. Liberty is granted.
6. Mr. Dave submitted that though some documents have not been brought on record, they may have a bearing on the case, and are hence required to be filed. Mr. Harish N. Salve, learned senior counsel appearing for the State submitted that any of the assisting counsel appearing for the parties may furnish a list of such documents and the State has no objection to supply the official documents in a sealed cover in the Court.
7. Mr. Dave, who has taken leave of the Court to file the application for intervention, submits that he will also file documents in a sealed cover. Mr. Salve has no objection to the same.
8. We have been apprised that two Public Interest Litigations have been filed in the Bombay High Court, one at the Principal Seat at Bombay High Court forming the subject matter of P.I.L. No. 2 of 2018 and another at the Nagpur Bench of the Bombay High Court i.e. Writ Petition No. 1130 of 2017. We think it in the fitness of things appropriate to transfer the said writ petitions to this Court and, accordingly, it is so ordered. Mr. Dave and Ms. Jaising have fairly agreed to this course of action.
9. As we are in seisin of the matter, we are sure that no other High Court, including the High Court of Bombay, will entertain any further petition with regard to the subject matter in issue.
10. The Registry of this Court is directed to send a copy of the order passed today to the Registrar General of the High Court of Bombay, who, in turn, shall send it to the Registrar (Judicial) of the Nagpur Bench of the Bombay High Court. The Registry of the High Court of Bombay at the Principal Seat and the Registrar (Judicial) of the Nagpur Bench shall intimate the advocates appearing in the public interest litigations in the respective cases so that they can appear before this Court and assist the Court, if they so desire.
11. Let the writ petitions be listed along with the transfer petitions after they are registered as transferred cases on 2nd February, 2018 at 2.00 p.m.
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