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april 2019

Supreme Court of India · 2019-04-10

MANOHAR LAL SHARMA vs NARENDRA DAMODARDAS MODI

Citation / case number
SC 2018/47012
Court
Supreme Court of India
Petitioner
MANOHAR LAL SHARMA
Respondent
NARENDRA DAMODARDAS MODI
Author
HON'BLE THE CHIEF JUSTICE RANJAN GOGOI
Bench
HON'BLE THE CHIEF JUSTICE RANJAN GOGOI, HON'BLE MR. JUSTICE SANJAY KISHAN KAUL, HON'BLE MR. JUSTICE K.M. JOSEPH

Judgment text excerpt

The Supreme Court addressed the maintainability of a review petition concerning the Rafale Deal, emphasizing the unauthorized removal of documents from the Ministry of Defence, which violated Sections 3 and 5 of the Official Secrets Act, 1923. The Court held that reliance on such documents in the review petition was impermissible, as they were protected under Section 8(1)(a) of the Right to Information Act and Section 123 of the Indian Evidence Act, 1872. Consequently, the review petition was dismissed due to lack of bona fides.

MANOHAR LAL SHARMA vs NARENDRA DAMODARDAS MODI · Niyam