CONSCIENTIOUS GROUP Vs. MOHD. YUNUS AND OTHERS

JUDGEMENT

(1.) The petitioner has made the present application for recalling the order made by us on I2th Dec. 1986 on the ground that at the date when he applied for withdrawal of the petition for contempt ho was not aware that under Rule 3(c) of the Rules made by this Court to regulates proceedings for contempt of the Supreme Court, if the Attorney General was for any reason not in a position to give consent to the filing of the petition for contempt he that is the petitioner could obtain the consent of the Solicitor General and maintain the petition for contempt. Now it is no doubt true that under Rule 3(c) a petitioner can file a petition for contempt with the consent either of the Attorney General or of the Solicitor General and the petitioner could have therefore obtain the consent of the Solicitor General and sustain the petition. But obviously he was not aware of this provision and indeed we too were not aware of it. If the petitioner had stated that in view of the stand taken by the Attorney General he would likely to approach the Solicitor General for his consent, we would have certainly adjourned the petition in order to enable the petitioner to approach the Solicitor General with a view to obtaining his consent. But no such application was made by the petitioner and we were also not aware that the consent of the Solicitor General would be enough to initiate the petition for contempt and we had therefore no occasion to adjourn the petition. We accordingly allowed the petitioner to withdraw the petition for contempt with the observations that the petitioner may revive the petition after obtaining the consent of the Attorney General as soon as the National Anthem case is over.

(2.) Now that our attention has been drawn by the petitioner in the review application that the petition for contempt can be maintained even with the consent of the Solicitor General. We would make it clear that it would be open ;o the petitioner to approach the Solicitor General and to review the petition after obtaining the consent of the Solicitor General, under Rule 3(c). Since this remedy is available to the petitioner for reviving the petition for contempt we do not propose to recall the order permitting withdrawal of the petition. The petition can be revived by the petitioner after obtaining the consent of the Solicitor General. We may point out that the petitioner will not be without remedy if the Solicitor General refuses his consent -on any irrelevant ground.