Recall jurisdiction for breach of natural justice allowed where counsel had no chance to be heard; matter to be reheard on merits

Recall jurisdiction is distinct from review and may be exercised where an order is passed without opportunity of hearing, in breach of natural justice, or where the order is otherwise a nullity. The objection based on section 362 of the Code of Criminal Procedure, 1973 did not bar recall in such appropriate cases. On the facts, counsel had no opportunity to make submissions when the earlier writ order was passed, so the earlier order was recalled and the matter was directed to be heard again on merits.

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Issues: Whether the order passed earlier in the writ application could be recalled and the matter reheard on merits in view of the absence of counsel and the limited scope of recall jurisdiction.

Analysis: The application was for recall of the earlier order disposing of the writ petition. The Court distinguished recall from review and noted that recall is permissible where an order is passed without opportunity of hearing or in breach of natural justice, or where the order is otherwise a nullity. It also noted the objection based on section 362 of the Code of Criminal Procedure, 1973, but held that the bar against alteration of a judgment does not prevent recall in appropriate cases. On the facts, the Court found that the learned counsel had no opportunity to make submissions when the earlier order was passed, and therefore the case warranted recall.

Conclusion: The earlier order was recalled and the matter was directed to be heard again on merits. The application succeeded.

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