A M MATHUR Vs. PRAMOD KUMAR GUPTA

JUDGEMENT

(1.) Special leave granted.

(2.) Mr. B. M. Lal, J. of the Madhya Pradesh High Court while dismissing an apparently unsustainable review petition has, however, made certain derogatory remarks against Mr. A. M. Mathur, senior Advocate and also the Ex-Advocate General of the State. Mr. Mathur has appealed to this Court for setting aside that order.

(3.) This matter pertains to a case which has come to be known as M. P. Liquor case. It was with regard to the grant for construction of new distillaries by the policy decision of the State Government of Madhya Pradesh. That policy decision was challenged before the High Court by way of writ petitions. The Writ Petitions were allowed by the Division Bench consisting of the Acting Chief Justice Mr. J. S. Verma (as he then was) and Justice B. M. Lal. In those writ petitions, Mr. Mathur as Advocate-General appeared. and argued for the State Government. Learned Acting Chief Justice delivered the main judgment in the writ petitions invalidating the decision of the Government on the ground that it violated Article 14 of the Constitution. Justice B. M. Lal delivered a separate concurring opinion in which he made highly disparaging remarks attributing mala fides and underhand dealing to the State Government. Against the judgment of the High Court, several appeals including one by the State of Madhya Pradesh were filed before this Court. The appeal preferred by the State was argued by the then Attorney General of India assisted by the appellant. This Court allowed the Appeals and set aside the judgment of the High Court. The decision of this Court has since been reported in (1987) 1 SCR 1 : (AIR 1987 SC 25 1) (State of M.P. v. Nandlal Jaiswal).