UNION OF INDIA Vs. SUSHIL KUMAR MODI

JUDGEMENT

(1.) Leave granted.

(2.) This order has to be read in continuation of our order dated November 5, 1996 passed in Civil Appeals Nos. 14164-65 of 1996, Union of India v. Sushil Kumar Modi, reported in (1996) 6 SCC 500 . These appeals by special leave are against some portions of the order dated November 13, 1996 and December 19, 1996 passed by the Patna High Court in the same matter - C.W.J.C. No. 1617 of 1996 with C.W.J.C. No. 602 of 1996 - as a sequel thereto. The material facts need not be reiterated as they are mentioned in our aforesaid order dated November 5, 1996.

(3.) When the matter was taken up in the Patna High Court subsequent to our aforesaid order dated November 5, 1996, during the further proceedings after our order, the High Court has made the two orders dated November 13, 1996 and December 19, 1996. The learned Attorney General, on behalf of the appellants, has indicated certain portions of these two orders and contended that they do not match with our earlier order dated November 5, 1996. It would be appropriate at this stage to quote those portions of the two orders to which grievance is made by the learned attorney General. These are: In order dated November 13, 1996: Portion A: