SHYAM NARAYAN Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is an application, preferred by original respondent Nos. 4 and 5 in w. P. No. 1815/2002, under Article 132 (1) of the Constitution of India for grant of leave to file an appeal before the Supreme Court of India. An application forming the subject matter of MCP No. 2869/2003 has also been filed for grant of stay of operation of the judgment passed on 24-7-2003.

(2.) WE shall first deal with the application for grant of leave. Article 132 (1) reads as under :-"art. 132. (1) An appeal shall lie to the Supreme Court from any judgment, decree or final order of a High Court in the territory of India, whether in a civil, criminal or other proceeding, if the high Court certifies under Art. 134-A that the case involves a substantial question of law as to the interpretation of this Constitution. "

(3.) IT is pertinent to state here that the words "if the High Court certifies under Art. 134-A" were substituted by the Constitution (44th Amendment) Act, 1978 with effect from 1-8-1979. Article 134-A reads as under :-