Supreme Court of India · 2013-07-02
Anil Kumar Mahajan vs Uoi,Secretary,Department Of ...
- Citation / case number
- AIRONLINE 2013 SC 115
- Court
- Supreme Court of India
- Petitioner
- Anil Kumar Mahajan
- Respondent
- Uoi,Secretary,Department Of ...
- Bench
- Sudhansu Jyoti Mukhopadhaya, G.S. Singhvi
Judgment text excerpt
The Supreme Court addressed the appeal against the Delhi High Court's order allowing the withdrawal of a writ petition filed by the appellant, who was deemed insane. The Court held that the High Court erred in permitting withdrawal without determining the appellant's mental capacity, as per the principles of natural justice. The Court emphasized that a person declared insane cannot represent themselves in legal proceedings, thus the withdrawal was not valid without a next friend. The appeal was allowed, and the High Court's order was set aside, allowing the appellant to file a petition through a next friend.