The Supreme Court has said that even judges can make mistakes and the court should not hesitate to accept it. The court also said that even if a case is closed and there are errors in it, it can still be corrected. A year after granting interim protection to India Bulls Housing Finance and its officials, the Supreme Court has admitted that there were some errors in its order. In this order, the court also stayed the proceedings of loan recovery and money laundering case against India Bulls. Now the Supreme Court has accepted the mistakes made in this order.
Hearing on the application filed by ED
The Enforcement Directorate (ED) sought a modification of the order. ED argued that the court had passed the stay order without hearing its side in the case. There was another flaw in the judgment delivered by Justice Krishna Murari and Justice Sanjay Kumar. On one hand, the parties were asked to approach the High Court for hearing of their grievances and they were also given interim protection, which will remain effective till the case is pending in the High Court.
Acknowledge both errors and amend the order
The protection of the Supreme Court usually continues until the parties approach the High Court. The Supreme Court has left the decision on interim protection to the High Court. On Tuesday, a bench of Justice Sanjay Kumar and Justice Arvind Kumar accepted both the errors and amended the order. The court said that interim protection in recovery proceedings will continue until the parties approach the High Court. After this the High Court will decide on the interim order.
'No hesitation in admitting mistakes'
The bench said that the court is the last resort. Therefore, this court will not hesitate to admit mistakes in its orders and is always ready to set things right. Accepting the plea of the Enforcement Directorate, the bench withdrew the part of its order passed on July 4, 2023, which mentioned money laundering.
The Constitutional Court must identify and correct errors
Referring to the Supreme Court's decision in the case of VK Jain vs Delhi High Court, the bench said, “Our legal system accepts the possibility of mistakes by judges.” Although this comment was made in the context of district court judges, it applies equally to judges of the high courts of judiciary. The court said that it is necessary for a constitutional court to identify and correct errors in its judicial orders.