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2010 DIGILAW 323 (JK)

Showkat Ali Bijran v. State Of J. &K.

2010-06-01

MUZAFFAR HUSSAIN ATTAR

body2010
1. In this application, learned counsel for applicant seeks correction of the record of this Court as contained in order dated 22.03.2010. Learned counsel further submitted that because of the communication gap between him and his clients, he made statement that matter is being prosecuted only for petitioner No. 1 and accordingly it was ordered that petition shall stand dismissed in respect of petitioners 2 and 3. Learned counsel submitted that as a matter of fact, petitioners 1 and 3 have already been absorbed in service and petition survives for petitioner No. 2 only. Learned counsel, thus, submitted that in order to do justice in the case and keep the record straight he has filed this application with the prayer that it be ordered that the main writ petition is surviving for petitioner No. 2 only. 2. Heard learned counsel for applicant. Considered the matter. 3. The mistake which has crept in the order dated 22.03.2010 is not attributable to the petitioner. This Court, being court of record, has to correct the mistakes. When such an instance is brought to the notice of the Court, it casts duty on the Court to correct the mistake in order to keep the record straight, as record of the High Court is being rolled in perpetuity and correct record therefore is to be maintained. This duty is traceable to section 94 of the Constitution of J&K read with Article 215 of the Constitution of India. 4. In view of the submissions made by the learned counsel for petitioner, it becomes imperative to correct the record of this Court as reflected in order dated 22.03.2010. Accordingly, order providing for dismissal of the writ petition so far as it pertains to petitioner No. 2 is recalled. The main writ petition shall survive only for petitioner No. 2 and shall stand dismissed for petitioners 1 and 3. Registry to update the index of the writ petition, accordingly. CMP disposed of. SWP No. 604/2007 4. Learned counsel for petitioner seeks and is granted weeks time to take steps for effecting service upon respondents. List thereafter.