Law Declared By Apex Court Binding On All But Courts Should Test Facts Of Case They Are Seized With To Know Applicability Of The Law To Such Case: SC

The Supreme Court has held that the law declared by it is binding on everybody but an authority/court seized with a particular case must test the facts of that case in order to conclude that the law declared by the court is applicable to the facts of such case.

The bench of Justice Krishna Murari and Justice Ahsanuddin Amanullah observed thus “It goes without saying that the law declared by this Court is binding on everybody but an authority/court seized with a particular case is required to test the facts of that case in order to come to the conclusion that the law declared by this Court is applicable to the facts of the case pending before the said authority or Court”

In this case, the applicant, who was not a party to the case decided by the Apex Court vide Order March 22, 2022, had sought clarification of the said order solely on the ground that the same may have a bearing on the case of the applicant.

Three criminal prosecutions were launched by the Revenue Department against the applicant which in turn were based upon three adjudication proceedings initiated by the department. The Counsel for the applicant contended that in all three adjudication proceedings, the issue was decided in favour of the applicant by CESTAT. Still the criminal proceedings are continuing.

The applicant prayed that the proceedings against the applicant is liable to be quashed in light of the law laid down by the Court in the Order dated March 22, 2022.

Advocate Ashish Batra appeared for applicant whereas AOR Kumar Mihir represented Respondents.

The Court noted that a clarification was sought that the law laid down by the Court vide judgment dated March 22, 2022 ought not to be restricted to the facts of the case but made applicable to all cases including those pending against the applicant.

The Court remarked that the application was totally misconceived and held that “We have no reason to doubt that the court/authority before whom the proceedings are pending, shall adjudicate the same on its own merits and shall follow the law declared by this Court, if the facts of the case so warrant.”

Thus the Court dismissed the application.

Cause Title- Vijay Kumar Ghai & Ors. v. State of West Bengal & Ors.

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